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Implementasi Kaidah Fiqh Dalam Akad Mudharbah Muthlaqah Sebagai Solusi Perselisihan Pada Perbankan Syariah

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  • Hafizah, Nadia Nur
  • Kurniawan, Rachmad Risqy

Abstract

This article discusses how the implementation of the mudharabah contract in Islamic banking practices and the position of the mudharabah contract in fiqh and the scheme of the mudharabah muthlaqah contract. The purpose of this study was to determine the position of the mudharabah contract in fiqh and the practice of the mudharabah contract in Islamic banking. The results of this study reveal that the mudharabah muthlaqah contract is a collaboration between the owner of the funds or investors (shahib al-mal / rabb al-mal / investors) namely customers and capital managers (mudharib) namely Islamic banks to conduct business on the basis of profit sharing. Mudharabah profits will be divided according to the agreement that has been agreed by both parties. If a loss occurs, the loss is borne by the owner of the capital or the customer in this case, provided that the loss is not due to the mudhorib's fault. In this case, if there is a dispute between the owner of the property and the person entrusted with the mandate regarding the property, then the words received are the words of the person entrusted with the mandate, except for those entrusted to them that violate reality and habits. Because the owner of the property has entrusted the property to him and has positioned it like himself.

Suggested Citation

  • Hafizah, Nadia Nur & Kurniawan, Rachmad Risqy, 2021. "Implementasi Kaidah Fiqh Dalam Akad Mudharbah Muthlaqah Sebagai Solusi Perselisihan Pada Perbankan Syariah," OSF Preprints e4vpy, Center for Open Science.
    • Handle: RePEc:osf:osfxxx:e4vpy
    DOI: 10.31219/osf.io/e4vpy
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