1 November 2009

The implementation of Mudharabah and Musyarakah financing for the customers of Syariah banks

Banking has been believed as one of aspects that affect a nation’s economic growth. Islamic, or syariah, banking is a system that can respond positively to economic crises. Such endurance has inspired the government of Indonesia to give riset to the existence of syariah banking by promulgating Act No. 21 since 2008. This act contains regulations which deal with syariah banking. The development of syariah banks still needs for improvement in order to support strength and economy. According to the above brief description, the writer presents statements of the problem as the followings: First, how is the principle and implementation of mudharabah and musyarakah financing of the customers of syariah bank?; second, what problems that prevent the implementation of mudharabah and musyarakah financing of the customers of syariah bank?; and third, how is the appropriate solution to overcome these problems? This study used normative juridical approach and analytical descriptive method, and collected its primary data from library study especially in legal sources. In addition to these data, the study also made use secondary and tertiary legal sources. Technique of data collection applied library studies. The collected data were then analyzed under legal theories and empirical approaches. The study resulted in problems that prevented the financial implementation of mudharabah and musyarakah. This situation occurred due to incompetency of human resources available in the syariah banking. Another significant factor that negatively affected was disintegrated fatwa standards for one institution had different principle from the other. Such difference dealt with unstandardized operation and transaction in the syariah bank. Due to such inconsistency, the banking found itself difficult to make a good socialization and promotion to the community. Generally speaking still argued that syariah banking system was similar to that of conventional banking. To this end, there was an urgent need for creating capable professionals to improve the quality of the syariah banking systems. Among others, uniformity of fatwa standards were in supreme priority, both in operation and in transaction. The management of syariah banking had to socialize and promote the syariah banking products to the people as their potential customers.
In conclusion, lack of people enthusiasm to the syariah banking products and systems was caused by their limited understanding and trust to the system. There had to be a clear explanation about the difference in operation and transaction between the syariah and the conventional systems. In addition, socialization and promotion seemed to be important for the future progress of the syariah banking. This efforts were necessary to get the system closer to the people as their potential customers.
Syariah banking had to expand its competitiveness so that it could have a strong bargaining power in the market compared with the conventional banking. Once it was attained, the syariah banking could play more significant role in supporting the nation’s economic development.

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