ANALISIS KESESUAIAN AKAD PEMBIAYAAN DAN RENDAHNYA MINAT NASABAH PADA AKAD MUDHARABAH DI PT. BANK PEMBIAYAAN RAKYAT SYARIAH (BPRS) SURIYAH CILACAP

Abstract

Sharia banking is a financial institution which provides various financial products for its customers, one of product is the mudharabah financing which is intended to help customers who are lack of funds/capital for their business. This research is a qualitative field research where the research is aimed at finding facts in the field. This research takes the title: “Analysis of the Conformity of Financing Contracts and Low Customer Interest in Mudharabah Contracts at PT. Bank Pembiayaan Rakyat Syariah (BPRS) / Bannk Islamic People's Financing Suriyah Cilacap. This research aims to determine the development of mudharabah financing products, the factors that influence the low number of customers and analyze by regarding case and fact in the field related to the suitability of the implementation of the mudharabah financing contract which will be adjusted to the provisions of the Fatwa/Hint DSNMUI 07/DSN-MUI/IV/2000: About Financing of Mudharabah (Qiradh). Based on the results of research and data analysis conducted, it shows that there are several provisions in the mudharabah financing contract at BPRS Suriyah Cilacap which are not in line with the provisions of the Fatwa of the National Sharia Council, including:  (1) the percentage of profit sharing/ratio in the contract is still not in accordance with the implementation where the provisions from BPRS have determined the nominal amount that must be paid by the customer every month, (2) there are fees, deductions and taxes charged to financing customers where in the provisions of the Fatwa/Hint there are no provisions governing that matter, ( 3) if there is a delay in payment of financing facilities in solving the problem, BPRS has the right to sell the collateral submitted by the customer to the BPRS without finding out the truth first whether this problem is intentional or not, this is not in accordance with the provisions of Fatwa / Hint (4) regarding to the low interest Customers in this financing product are caused by internal factors/from within the institution (BPRS) and external factors/problems from the customers themselves. The implication of the conclusion above is that in carrying out the existing mudharabah contract, BPRS should pay attention to the existing rules to comply with Islamic sharia. Although some of the contents in the contract agreement are appropriate, it would be even better if all the contents in the agreement and in its implementation are in accordance with sharia provisions. Moreover, to increase customer interest in mudharabah financing products, BPRS should be more aggressive in promoting this mudharabah financing product, because most of the surrounding communities are more comfortable with the existing interest system.