KEDUDUKAN, FUNGSI DAN PROBLEMATIKA JAMINAN DALAM PERJANJIAN PEMBIAYAAN MUDHARABAH PADA PERBANKAN SYARI’AH

Abstract

Mudharabah is an economics institution constituted by cooperation philosophy. Cooperation between capital owner on one side with membership owner on the other side. Economic principle have united differ- ence of potency (membership and capital) in one mission to look for an advantage in one place of the so- called mudharabah. In perspective of law, elementary of thei cooperation philosophy mirror have to in rule arranging rights and obligations among both spliting. As mudharabah no such a debt or not such a loan, hence all Islam jurist determine that capital owner is not allowed to ask guarantee to perpetrator of it’s effort. In banking world reality, syari’ah bank is giving defrayal of mudharabah always require the existence of guarantee from defrayed client. Its problem do not lay in rightful or (do) its function. Hence research done to know to domicile and guarantee function which in fact in mudharabah agreement.The research indicate that to domicile guarantee is to guarantee deviation inexistence or agreement collision by perpetrator of its effort. Domiciling this bring guarantee function non to guarantee certainty paying of returning defrayal of mudharabah which is tudy released by Syariah bank, but to guarantee syari’ah bank rights as according to agreement with. Percentage of defrayal of mudharabah still very small. There is not client defrayed with unprofitable mudharabah. Key Words : Warranty, Mudharabah, Syariah Bankin