COLLECTION OF COMMUNITY FUNDS WITH WADIAH AKAD AND THE APPLICATION OF SHARIA BANKING
1. Dr. Amnawati, S.H., M.H.; 2. Hj. Wati Rahmi Ria, S.H., M.H.; 3. Muhamad Zulfikar, S.H., M.H.
Faculty of Law
Lampung University
Abstract
Wadiah in principle is to help the requester, and the party entrusted with his position as a helper. For this reason, the nature of wadiah is trustworthy. In the book of Ianatut Thalibin by Ad Dimyathy, it is explained that wadiah is: "A contract aimed at safeguarding assets." In carrying out the practice of wadiah, customer funds deposited in Islamic banks receive secure guarantees, and syariah banking is mandatory bear all risks that occur in customer funds. Furthermore, not only guarantees, but furthermore, Islamic banking provides benefits which are then referred to as profit sharing. This paper tries to explain how the application of Islamic banking products that use the Wadia contract is related to fiqh muamalah? The wadiah in sharia banking is not the wadiah described in the books of fiqh. The sharia banking tradition currently practiced is more relevant to the receivables law, because the bank utilizes customer money in its various projects. The authority to use goods, own the results and bear the damage or loss is the main difference between wadiah and dain (debts). Thus, if these three characters have been embedded in the wadiah contract, then in fact and the law this contract will change to a debt and non-wadi loan agreement.
Keywords: Wadiah, Islamic Banking.
Topic: Economics and Islamic economics