ANALISIS AYAT DAN HADIS PADA PADA AKAD PEMBIAYAAN DENGAN PRINSIP BAGI HASIL DAN JUAL BELI

Abstract

This article discusses the verses or hadiths used in financing products in sharia financial institutions (LKS), both non-bank institutions and banking institutions. In particular, the author limits this discussion only to verses and hadiths used in financing profit sharing and buying and selling. Profit sharing contracts are divided into mudharabah contracts and musyarakah contracts. Meanwhile, sales and purchase contracts are divided into murabahah, salam and istishna contracts. The purpose of this study is to answer forms of financing with the principles of profit sharing and buying and selling and the relationship between NASD and profit sharing and buying and selling agreements. Regarding the permissibility of this contract, in the analysis of verses and hadiths on mudharabah contracts, it is found to be sunnah because this contract was actually put into practice by the Prophet and was valid at that time. The musyarakah contract is also justified in several verses and hadith illustrations, including that the Prophet's silence regarding the practice of syirkah would be a permissible legal decree and this act could be considered a source of syirkah. Meanwhile, in sales and purchase contracts such as in murabahah from the verses and hadith in the discussion of this article, it shows that profitable trading is basically permitted by mutual consent between the seller and the buyer. Likewise, the salam contract is a sale and purchase contract which is strengthened by wa'at, while the istishna contract is a sale and purchase transaction between the mustashni' (order) and the shanii (producer) where the goods to be bought and sold must be ordered in advance with clear criteria (ordering).