Hybrid Contracts In Sharia Banking Products Study of the Application of Musharakah Mutanaqisah MMQ Agreement on Home Ownership Financing Products KPR at Bank Muamalat Indonesia Tbk Surabaya Branch Darmo
Abdul Wahab
Sharia Banking Department, Faculty Of Islamic Studies, Muhammadiyah Surabaya University, Indonesia
Abstract
The development of the shariah banking industry in Indonesia is so rapid. At the end of 2018, Indonesian sharia banking has become the biggest retail Islamic banking in the world which has 23.3 million customers, 3134 bank offices, 1356 sharia services, and 51 thousand employees. With total assets reaching Rp. 380 trillion. This development is supported by a variety of product innovations. One of the sharia bank product innovation models that can be developed is a hybrid contract product model (multi-contract), because the form of a single contract is not able to respond to contemporary financial transactions that develop in such a way. hybrid contract is an agreement between two parties for a contract containing two or more contracts, such as buying and selling with leasing, grants, wakalah, qardh, muzaraah, sharf, syirkah, mudaraba, so that all due to the legal agreements that are collected, and all rights and obligations that arise thereof are seen as a single entity that cannot be separated as a result of the legal consequences of a contract. The problem is that there are many sharia economic literature circulating in Indonesia that informs about the muamalah ban of two contracts in one transaction. These include the Musharakah Mutanaqishah contract in the financing of the Muamalat KPR iB Bank Muamalat Indonesia KCU Mas Mansur Surabaya. These problems are elaborated in the formulation of the problem, namely: How is the hybrid contract model in the Musharakah mutanaqisah contract on the iB Muamalat mortgage product, the application of the musharakah mutanaqisah contract on the KPR iB Muamalat financing product, the solutive policy of applying the musharakah mutanaqisah contract to the iB Muamalat mortgage product at Bank Muamalat Indonesia Tbk. Surabaya Branch Mas Mansur. The problem is to find answers in the form of qualitative research with a phenomenological approach, through primary and secondary data sources, by means of observation, interviews and documentation studies. By analyzing the Huberman and Miles model data analysis with three steps, namely data reduction, display data, and data verification. The results showed that the hybrid contract model in the Mutanaqishah Musharaka contract on KPR iB Muamalat financing in the form of Musharakah, Ijarah, and Bay contracts, while the application of the Musharakah mutanaqishah contract in the Muamalat KPR iB in terms of harmony and conditions were appropriate, but in terms of charging all costs A problem arises, because it is charged to all customers, even though it should not. The solutive policy offered is the distribution of the burden to both parties, this is in accordance with the DSN-MUI Fatwa No. 72 of 2008 concerning the Musharakh Mutanaqishah contract.
Keywords: Hybrid Contracts, Musharakah Mutanaqishah, Syariah banking
Topic: Economics