Jaminan dalam Pembiayaan Mudarabah Tinjauan Fatwa DSN-MUI Nomor 92 Tahun 2014

Abstract

This paper aims to review mudarabah financing accompanied by collateral or in Islamic banking known as rahn. Mudarabah financing in the concept of fiqh is included in a contract based on a trust or partnership, so it does not require collateral. However, in 2014, Dewan Syariah Nasional (DSN-MUI) issued a ruling number 92 of 2014 on Funding Accompanied by Rahn. The ruling states that Islamic financial institutions are allowed to solicit collateral from customers in the sale and purchase of cash, credit or qardh products, including mudarabah financing. So, this article will examine why this fatwa appeared? What is the legal basis for determining the fatwa? Then what about the fatwa? The results of this paper indicate that the fatwa arises because the rahn-related fatwa is seen as not yet in the development of the rahn-based business and therefore Islamic financial institutions require the fatwa related to the development of the rahn business. The legal basis for determining the fatwa is considered irrelevant when it comes to mudarabah financing because the fatwa argument is more focused on the rahn arguments alone, and the arguments used are still general. The substance of the fatwa is to legalize Islamic financial institutions that ask for guarantees in providing funds or channeling funds.