ANALYSIS OF CONSISTENCY OF OPERATIONAL AND APPLICATION SYSTEMS RISK MANAGEMENT ON AKAD MUDHARABAH BANK SHARIA ACCORDING TO USHUL FIQIH
Febryan Kwarto, Asmiatun Nurhikmah
Mercu Buana University
Jl. Meruya Selatan No.1, RT.4/RW.1, Meruya Sel., Kembangan, Kota Jakarta Barat, Daerah Khusus Ibukota Jakarta 11650
Faculty of Economics and Business
Abstract
This study aims to determine the consistency of sharia operational systems and the application of risk management to Islamic bank mudharabah contracts according to ushul fiqh at the Bank Muamalat Indonesia Cipulir Branch Office. This research was conducted by conducting in-depth interviews (in-depth interviews) and using a qualitative descriptive approach. Data analysis used descriptive analysis in the form of describing and explaining data. The results of this study indicate that in its operation, Bank Muamalat Indonesia Cipulir Branch conducted mudharabah transactions on fund collection products with a profit sharing system. Customers who deposit their funds at Bank Muamalat Indonesia are guaranteed by the National Guarantor Board (LPS). Fund Guarantee by LPS is permissible according to the MUI fatwa, but contrary to the fatwa of the OKI Islamic organization, with a fatwa if the mudharabah contract is guaranteed, the contract is changed to qard (credit) and this cancels the contract and the profit received becomes riba dayn. Therefore, Bank Muamalat Indonesia is not consistent in carrying out mudharabah agreements. Then the division of revenue using the system of revenue sharing and losses will be borne by the bank (mudharib) this is contrary to the Sharia becauseit should bear the loss is Shahibul Maal, mudarib only suffer losses from time and energy unless mudarib do negligence in doing business. The application of risk management at Bank Muamalat Indonesia applies private principles, confidentiality and prudence in its operations which are supervised by the Sharia Supervisory Board.
Keywords: operational system; risk management; mudharabah contract
Topic: International Conference of Islamic Economic and Financial Inclusion