INTERNATIONAL JOURNAL OF SOCIAL SERVICE AND RESEARCH

 

THE CONCEPT OF MURABAHAH (BUY AND BUY) AND ITS APPLICATIONS IN THE SHARIA FINANCIAL SERVICES COOPERATIVE PARIRI LEMA BARIRI (KJKS PALEBA)

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Fauzan Ahmad, Ahdi Topan Sofyan, Eko Suryaningsih

Fakultas Ekonomi Universitas Cordova West Nusa Tenggara Indonesia

Email: [email protected], [email protected], [email protected]

 

Abstract

Murabahah (buying and selling) is one of the products produced by the concept of Islam in the world of economy. In sharia-based banking, murabahah products are the prima donna that outperforms other products in the financing variant. The development of Islamic banks lately, if we try to analyze the aspects and factors that cause it, one of them is caused by products which in conventional banking are said to be creative products. On the one hand, in the view of the general public, sometimes it becomes a big question, is sharia banking really different from banking with a conventional system. The stigma that arises is that the two systems are basically the same, only the name is different. So this study aims to determine the concept of change (buying and selling) and its application in the world of sharia economics, especially in cooperative institutions. The approach used in this research is a qualitative approach, namely research that intends to understand what is experienced by the research subject, for example behavior, perception, motivation, action, and others holistically. This research was conducted at the Shariah Pariri Lema Bariri Financial Services Cooperative (KJKS PALEBA) in Tepas Village, Brang Rea District, West Sumbawa Regency. Based on the data analysis, it can be concluded that the concept of murabahah is the concept of buying and selling goods in daily transactions that are permitted by religion, one party and the other as a buyer, it's just that its application in the sharia system then becomes multi-transaction due to time and place limitations, the existence of a wakalah function. as a supporting role to bring together sellers (cooperatives) and buyers (members). The price which is the excess in the installments becomes the cooperative's profit as a manifestation of the concept of buying and selling.

 

Keywords: Mandate, personal data, independent commision, personal data protection

 

Received 20 Desember 2021, Revised 30 Desember 2021, Accepted 10 January 2022

 

 


Introduction

Islam is a universal, comprehensive and applicable religion. The development of Islamic teachings in today's economy shows a significance that we need to appreciate in various forms. The involvement of Muslims in the Prophet's style of economy has indeed produced results that can compete with the conventional economy. Aspects of banking, insurance, mutual fund investment, cooperatives and others are a tangible manifestation of the application of Islamic law.

Especially in the banking world, the concept of sharia is mushrooming everywhere. Commercial banks, whether state, national or foreign commercial banks, on average, have started to open sharia units. It is very interesting if we take a closer look at the concept of sharia in the banking world. The concept of shari'ah is many and varied, but the significance that skyrocketed to the concept that was implemented 1,433 years ago in this launch is murabahah (buying and selling). In simple terms, this concept formula takes advantage of goods sold at a price which of course has been calculated in such a way that it makes a profit.

There is a stigma that is enough to make the world of Islamic banking a bit blurry when people say that Islamic banks are the same as conventional banks.

Pricing is one of the most important in marketing activities. Prices are very important to pay attention to, considering that prices greatly determine the behavior of banking products and services. Wrong in determining the price will be fatal to the products offered later.

For banks, especially banks based on conventional principles, prices are interest, administration fees, fees and commission fees, shipping costs, billing fees, dues fees and other costs. Meanwhile, the price for banks based on sharia principles is profit sharing.

For banks based on conventional principles, there are three types of interest-based prices, namely the purchase price, selling price and fees charged to customers. The purchase price is the interest paid to the customer. The purchase price is the interest given to customers who have deposits, such as demand deposits, savings interest, and deposit interest, while the selling price is the interest charged to credit recipients. Then the costs are determined for the various types of services offered (Kashmir, 2004).

Based on the description above, the researchers tried to explore the concept of murabahah with a research entitled "The Concept of Murabahah (Buying and Selling) and its Application to the Shariah Pariri Lema Bariri Financial Services Cooperative (KJKS PALEBA) West Sumbawa Regency, West Nusa Tenggara".

 

Method

The research method used in this research is descriptive research (Moleong, 2013). Descriptive research is research conducted to determine the value of independent variables, either one or more variables without making comparisons, or connecting with other variables (Sugiyono, 2017). This study aims to determine the concept of buying and selling (murabahah) and its application to the Syari'ah Pariri Lema Bariri Financial Services Cooperative (KJKS PALEBA) West Sumbawa Regency. By making descriptions of certain situations or events in order to obtain a systematic, factual and accurate description of the facts (Sumardi Suryabrata, 2002). Where the research conducted is independent which aims to find out about the concept of buying and selling murabahah and its application in the Syari'ah Pariri Lema Bariri Financial Services Cooperative (KJKS PALEBA) West Sumbawa Regency.

In accordance with the form of the descriptive research approach, the data collection techniques needed in this study did several things, including:

A.    Observation / direct observation

Researchers conducted direct field observations of the practice of applying the concept of buying and selling murabahah.

B.    Literature study

One type of activity carried out by researchers in the context of collecting research materials is library research. Which is a documentation study by examining books, journals, magazines, newspapers, as well as by searching through the internet and other literatures that are relevant to the problems to be studied by researchers.

C.    Interview/interview

This method was used to obtain direct information about the policy of implementing murabahah trading in the Pariri Lema Bariri Sharia Financial Services Cooperative (KJKS PALEBA) West Sumbawa Regency.

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The analytical method used is descriptive qualitative approach by presenting factual information obtained from KJKS PALEBA, West Sumbawa Regency, which relates to the application of the murabahah buying and selling method. So get the practice going.

Qualitative research is a research procedure that produces descriptive data in the form of written or spoken words from people under the circumstances observed (According to (Cresswell, 2017)). Qualitative research is a research method used to examine the condition of natural objects, and the results of qualitative research are more meaningful than generalizations.

 

Results and Discussion

A.    Murabahah

Based on muamalah fiqh, there is a type of buying and selling called bai' al amanah, namely buying and selling in a mandate (trust) where the buyer believes the seller's words about the first price without any evidence and oath, so that betrayal and bad prejudice must be avoided. The buying and selling system itself consists of three forms, namely murabahah, tauliyah, and whadi'ah. Murabaha is buying and selling at the first price with additional profits. Tauliyya is buying and selling at the first price without any addition or subtraction. While wadhi'ah is buying and selling with a lower selling price than the first price. In this discussion, the researcher will only limit the murabaha aspect.

Murabahah in language is a form of mutual (meaning: mutual) from the word ribh which means profit, namely the increase in the value of capital (so it means mutual benefit). According to the terminology of fiqh, it means that murabahah is selling with original capital with a clear additional profit (Al-Mushlih & Ash-Shawi, 2004).

Murabahah is a transaction of a seller of goods by stating the acquisition price and profit (margin) agreed upon by the seller and the buyer (Istini T. Siddharta, 2001: 12).

Murabahah sale and purchase is the sale and purchase of goods at the original price with additional agreed profits. In buying and selling murabahah, the seller must notify that the price of the product he bought and determine a level of profit in addition (Moh. Rifai, 2001; 61).

1.     Murabahah Scheme

 

 

Sharia banks as sellers and customers as buyers, goods are delivered immediately and payments are made in a tough manner.

2.     Development Scheme



 


Source: explanation of Fatwa No. 04/DNS-MUI/IV/2000



If the bank wants to represent the customer to buy goods from a third party (supplier), then both parties must sign an agency agreement (agency contract), in which the bank authorizes the customer to become his agent to purchase commodity from a third party on behalf of the bank, in other words, the customer becomes the bank's representative to purchase the commodity.

Then the customer buys the commodity on behalf of the bank, and his ownership is only limited as an agent of the bank. Furthermore, the customer provides information to the bank that he has purchased the commodity, then the bank offers the commodity to the customer, and a sale and purchase contract is formed and the commodity is then moved into the property of the customer with all the risks.

a)    The Legal Basis of Buying and Selling The legal basis for buying and selling murabahah has been set out in the Qur'an, surah Al Baqarah verse 275:

��. Whereas Allah hasbuying and selling and forbids usury�� permittedBased on the verse above, buying and selling murabahah gets recognition and legality from sharia and is legal to be operationalized in the practice of sharia bank financing because it is a form of buying and selling and does not contain elements of usury.

Hadith Rasulullah SAW: From shuhaib Ar Rumi ra, that the Messenger of Allah said, "Three things in which there are objections: buying and selling tough, muqardhah (mudharabah), and mixing wheat with flour for household purposes, not for sale." (HR. Ibn Majah)

b)    Pillars and Terms of Sale and Purchase of Murabahah

1.     Seller

2.     Buyer

3.     Items sold

4.     Price

5.     Sighah: consent and qabul

c)     Terms of Condition

1.     Must be used for halal goods

2.     The seller notifies the cost of capital to the customer

3.     The first contract must be valid in accordance with the pillars stipulated

4.     Defective goods must be delivered

5.     The seller must convey all matters relating to the purchase, for example if the purchase is made on account.

d)    Murabaha contract of classical and contemporary practice


Main Characteristics

Classical practice (in general and ideal transactions)

Contemporary practice

Purpose of the transaction

Selling and buying activities

Financing in the context of providing facilities/goods

Transaction Process The

seller provides goods from the producer. The seller sells the goods to the buyer The

bank as the seller can represent to the customer for goods from the producer to be resold to the customer

Ownership status of the goods at the time of the contract

Goods that have been owned by the seller when the seller's contract with the buyer is made The

goods are not clearly owned by the seller of the asset the sale contract with the buyer is

calculated margin level

Profit calculation uses real transaction costs. Profit calculation is a lump sum (all at once) and wholesale

i. The calculation uses the benchmark rate prevailing in the money market.

ii.  The profit calculation uses a percentage per annum and is calculated based on the outstanding balance of financing.

The nature of ordering goods by customers

Not written two opinions binding and not binding

Written binding

 

Disclosure of cost and margin

Must be transparent

Must be transparent

Tenor

Very short

Long term (1-5 years)

Payment method for buyingselling transactions

andCash and carry

With installments/installments (ta'jil)

Collateral (guarantee)

No collateral

There is collateral/additional guarantee


Source: Bank Indonesia, standardization of sharia banking contracts, 2004.


 

e)    Review of pricing according to shari'ah.

According to Bank Indonesia, an ideal sale and purchase transaction, Islamic banks must be able to calculate and separate the real costs and the level of profit desired by the bank as the basis for determining margins. Likewise in investment transactions, an Islamic bank must be able to determine the level of profit based on the real financial performance of a company.

f)     Determination of profit margins

Sharia banks set profit margins for financing products based on Natural Certainty Contracts (NCC), namely business contracts that provide payment certainty, both in terms of amount (amount) and timing (timing), such as murabahah financing, ijarah, ijarah vomiting bit tamlik, greetings, and istishna'.

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g)    Method of determining the selling price (profit margin) in Islamic banks

Pricing in financing in Islamic banks is by using the Going Rate Pricing Method, which uses the market interest rate as a reference (benchmark) by adjusting competitors' prices. The reason is because Islamic banks compete with conventional banks. In addition, Islamic banks also want to get long-term customers or floating customers.

However, determining the selling price of products at Islamic banks must pay attention to the provisions that are justified according to sharia. Therefore, the method of determining the selling price based on the target return pricing and mark-up pricing can be used with modifications.

1.     Implementation of target return pricing forfinancing IslamicIslamic banks operate without using interest. Operational mechanisms in obtaining income can be generated based on the classification of contracts, namely contracts that generate profits for sure. It is called a Natural Certainty Contract, and a contract that produces uncertain profits is called a Natural Uncertainty Contract.

2.     Application of Mark-Up Pricing for Islamic financing If Islamic banks want to apply the mark-up pricing method, this method is only appropriate for financing whose source of funds is from a Restricted Investment Account (RIA) or mudharabah muqayyah. Why is that? Because the mudharabah muqayyah contract is a contract where the owner of the funds demands certainty of the results of the invested capital.

h)    Maximum limit for determining profit according to sharia

�There is no sharia argument relating to the determination of business profits, so that if it exceeds this amount it is considered haram. This has become a general rule for all types of merchandise in every era and place. These provisions, because there are several lessons including:

1.     Price difference, sometimes fast turning and sometimes slow. According to custom, if the turnover is fast, the profit will be less. Meanwhile, if the turnover is slow, the profits will be many.

2.     The difference between cash sales and sales of deferred payments (credit). The reason is that the profit on cash sales is smaller than the profit on credit sales.

3.     The difference in the commodities sold, between primary and secondary commodities, the profit is less because it pays attention to the poor / needy people and people in need.

As has been explained, there is no history in the sunnah of the Prophet Muhammad SAW that regulates profit restrictions, so it is not permissible to take more than what is reasonable. On the contrary, it is narrated in a hadith which stipulates that it is permissible for trading profits to be doubled under certain conditions, or even more. It was narrated by Ahmad in his Musnad from Urwah that he narrated: The Prophet was once offered a trading goat. Then he gave me a dinar. He said, 'O Urwah, go to the animal dealer, buy me a goat.' I managed to bring two goats. I returned with the two goats � in another narration � accompanying the two goats. On the way, I met a man and offered my goat. I sell one goat for one dinar. I returned to the Prophet saying 'O Messenger of Allah! This is your goat and this one dinar is also yours! He asked, what are you doing?' I told him everything.' he said, 'O Allah, bless his commercial profits.' I experienced after that that when I was standing at Kinasah in the city of Kufa, I managed to make a profit of forty thousand dinars before I got home to meet my family."

i)      Efficient Murabahah Selling Price Determination In

Practice in Islamic banks in Indonesia, the murabahah financing portfolio reaches 70-80%. This condition is not only in Indonesia, but also in Islamic banks in Malaysia and Pakistan.

A number of reasons were put forward to explain the popularity of murabahah in sharia investment banking operations: (i) murabahah is a short-term investment mechanism, and compared to the profit sharing system (musharaka and mudharabah) it is quite convenient. (ii) the mark-up in murabahah can be set in such a way as to ensure that banks can get profits that are proportional to the profits of interest-based banks to compete with Islamic banks (iii) murabaha avoids the uncertainty that exists in the income from business business with a system profit sharing (iv) murabahah does not allow Islamic banks to interfere with business management, because the bank is not the customer's partner, because their relationship in murabahah is the relationship between creditors and debtors. Determination of the selling price of murabahah can be done by the Prophet when trading. In determining the selling price, the Apostle transparently explains what the purchase price is, how much the costs have been for each commodity and how much profit is desired. The method used by the Prophet can be used as one of the methods of Islamic banks in determining the selling price of murabahah products.

B.    Pariri Lema Bariri (Kjks Paleba) Financial Service Cooperative Products, West Sumbawa Regency.

KJKS PALEBA West Sumbawa Regency functions as an intermediary institution between the owners of funds (capital) and business actors, especially micro and small businesses. KJKS PALEBA, West Sumbawa Regency, collects funds in the form of savings for members and prospective members and other cooperatives. To raise these funds, KJKS PALEBA, West Sumbawa Regency, offers a number of savings products in accordance with a number of savings products that comply with the provisions of Islamic law. Savings, both savings and term investments with mudharabah al mutalaqah contracts that provide profit sharing to the owner of the deposit.

The KJKS PALEBA micro financing product in West Sumbawa Regency is prioritized for additional capital for micro and small businesses. Financing skin in accordance with sharia provisions can be in the form of buying and selling or investment cooperation. The financing period is prioritized for short-term financing with fast turnover (daily, weekly and monthly).

The financing products in KJKS PALEBA, West Sumbawa Regency are prioritized for additional capital for micro and small businesses. Financing schemes in accordance with shari'ah provisions can be in the form of buying and selling or investment cooperation. The financing period is prioritized for short-term financing with fast turnover (daily, weekly and monthly).

The financing products at KJKS PALEBA, West Sumbawa Regency include murabahah, ijarah, mudharabah and musharabah. The following is a description of each type of financing product.

1.     Murabahah receivables (Sales and Purchases)

This financing is for the purpose of purchasing goods, either in the form of capital, production equipment, raw materials, inventories of goods and for the needs of consumptive goods. Payment in this murabahah receivable can be made in cash, or in installments for a certain period of time. In the sale and purchase of murabahah, the customer has the right to know the cost of goods and the profit margin obtained by KJKS PALEBA, West Sumbawa Regency.

2.     Ijarah (lease)

A pattern of financing in which KJKS PALEBA, West Sumbawa Regency, rents out an item/service for the benefit of the customer with a certain amount of compensation paid by the customer to KJKS PALEBA, West Sumbawa Regency. Ijarah financing can be used to rent a place of business, rent a vehicle, and others.

3.     Mudharabah

Is a given process in which KJKS PALEBA, West Sumbawa Regency, is the owner of capital (shahibul mal) and the customer is the manager of capital (mudharib). Mudharabah financing is also known as a profit-sharing financing pattern according to the agreement.

4.     Musyarakah Musyarakah

Financing is a pattern of cooperation between KJKS PALEBA, West Sumbawa Regency and one or more business partners in a project or business activity, where the parties involved equally contribute in terms of capital and business management. Distribution of results according to the agreement made at the time the contract was made.

C.    Bapplication Of The Concept Of Buying Murabahah In Kjks Paleba, West Sumbawa District

1.     Murabahah sale and purchase transaction mechanism

In the process of determining the selling price where the account officer (AO) from KJSS PALEBA West Sumbawa Regency will convey the margin level desired by KJKS PALEBA West Sumbawa Regency to murabahah customers. Customers can bid only up to a certain margin value which is not reduced anymore. If a customer wants to be demoted again, the possibility is that the customer is rejected or the application is postponed until a decision is made by the KJKS PALEBA leadership meeting, West Sumbawa Regency. In addition, the acceptance decision is still based on research from the evaluation results of the 5 Cs, namely: Character, Capacity, Capital, Collateral and Condition.

2.     Method of determining the selling price of murabahah in KJKS PALEBA, West Sumbawa Regency.

The method of determining the selling price of murabahah carried out by KJKS PALEBA, West Sumbawa Regency is using the flat profit method where the calculation of the profit margin against the cost of financing is fixed from one period to another, even though the debit balance decreases as a result of the principal installments. Below is an example of a murabahah sale and purchase carried out by KJKS PALEBA, West Sumbawa Regency:

Mr. Zulkifli wants to buy a pickup for business development. To realize this desire, he visited KJKS PALEBA, West Sumbawa Regency, with the purchase price of a car of Rp. 40,000,000 fees charged Rp 806,000 profit margin provided is 2% per month. The calculation method is as follows:

Financing contract: MURABAHAH

Cost of Purchases: Rp. 40,000,000

Fees Fees:

1)    Administration���������������� ���� : Rp 800,000

2)    1 piece of stamp duty������������ ��������� : Rp 6,000

3)    Quantity��������������������������������� ������� : Rp 806,000

Payment term: 1 year (12 months)

Profit buying and selling : 2% X IDR 40,000,000 = IDR 800,000��������������������������������������������� ����� : IDR 800,000 X 12 = IDR 9,600,000

Selling Price���������������� � : IDR 49,600,000

Payment system�� �������� : Monthly installments IDR 4,1333,333.33

 

Conclusion

Murabahah is the concept of buying and selling in Islamic teachings that are permissible according to sharia, of course with various pillars and conditions as the fulfillment of halal transactions. The existence of profit (margin) in this concept is a consequence of the trading world in general. The existence of different patterns of buying and selling murabahah transactions carried out in classical and contemporary times is indeed a difference in application, but as long as the pillars and conditions are met, the transaction is still valid according to sharia.

The application of the concept of buying and selling or murabahah has indeed been applied to non-bank institutions, namely the Syari'ah Pariri Lema Bariri Financial Services Cooperative, West Sumbawa Regency (KJKS PALEBA). The existence of an installment payment method makes it easy for members. The excess in the value of money is a consequence of margin (profit) which is common in the world of buying and selling in general.

 

References

 

Al-Mushlih, Abdullah, & Ash-Shawi, Shalah. (2004). Fikih Ekonomi Keuangan Islam. Jakarta: Darul Haq.

 

Cresswell, J. W. (2017). Research Design : Pendekatan Kualitatif, Kuantitatif, dan Mixed (Edisi Ketiga). Yogyakarta: Pustaka Belajar. Google Scholar

 

Kashmir. (2004). �Manajemen Perbankan�, cetakan empat. PT. Raja Grafindo Persada. Jakarta.

 

Moleong, Lexy J. (2013). Metode Penelitian Kualitatif, Bandung: Remaja Rosdakarya. Mosal. Google Scholar

 

Sugiyono. (2017). Metode Penelitian Kuantitatif, Kualitatif, dan R&D. Bandung: Alfabeta. Google Scholar

 

Sumardi Suryabrata. (2002). �Metodologi Penelitian� (Cetakan 13). PT. Grafinfo Persada, Jakarta.


 

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