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Wednesday, 7 April 2010

RIBA NO BACKGROUND AS SHARIA BANKING BIRTH

Rear 1.Latar

In today's modern life, Muslims can hardly avoid themselves from bermuamalah with conventional banks, which use the system of interest in all aspects of life, including life agamannya. For example, in Indonesia the Hajj, Muslims should use the services of the bank. Without a bank service, the Indonesian economy is not as smooth and semaju like this now. But the scholars and Islamic organizations in Indonesia are still different opinions about the use of interest which tends to lead to usury. So that the community mengingginkan a banking institution that uses a system in accordance with sharia.

Observing the growing aspirations of the Indonesian people to have the Islamic financial institutions, the religious leaders who are members of the Indonesian Ulema Council (MUI) and then follow up by doing the people's aspirations about the deepening of Islamic financial concepts including Islamic banking system.

2.Rumusan Problems

From this paper the authors have determined a problem formulation which will be discussed in chapter discussion

1.Larangan Riba in the Qur'an and Sunnah

Decision Justification 2.Alasan Riba

3.Berbagai Fatwa on Riba

Islamic Banking in Indonesia 4.Lahirnya

DISCUSSION

1.Larangan Riba in the Qur'an and Sunnah

Muslims are forbidden to take usury of any kind. Prohibition so that Muslims do not engage in usury sourced from various letters in the Qur'an and the hadith of the Prophet.

Riba in the Qur'an 1.Larangan

Prohibition of usury contained in the Qur'an is not attached to lose once, but reduced in four stages. The first phase, rejecting the notion that usury loans which in zhahirnya as if to help those who need as an act of approaching or taqarrub to God.

"And something riba (extras) that you give for him to grow on human property. And usury was not increase with Allah. And what do you give a charity that you intend to attain the good pleasure of Allah, (who did so) that people who are double (reward). "(Sura Ar Rum: 39).

The second phase, usury is described as a bad thing. God will reward the hard-threatening to the Jews who devour usury.

"It was by kezhaliman Jews, We forbade them that (eat food) that's fine (which used to be) lawful for them, and because they are much hinder (men) from Allah's way, and due to their taking usury, when in fact they have forbidden it, and because they eat the wealth of people with a false path. We have prepared for those who disbelieve among them a painful punishment. "(QS An Nisa: 160-161)

The third stage, with forbidden usury linked to an additional twofold. The commentators suggest that the capture rates with a high enough level is a phenomenon that many practiced at that time. Allah says:

"O ye who believe, do not devour usury with a double-double and bertaqwalah Allah that ye may prosper." (Surat Ali 'Imran: 130).

This verse has come down in the year to 3 H. In general, this paragraph should be understood that the double-double criterion is not a requirement of the riba (interest if it is doubled if a small but not usury usury), but this is the general nature of the practice of money at the time of flowering.

Likewise, this verse must be understood comprehensively with the verse of Surat al-Baqara 278-279 which declined in the year to 9 H. (For more information, see the discussion of "Truth Of Reason Pem Riba", point "double-doubles").

The last stage, Allah clearly and unequivocally mengharam anything additional species taken from the loan. This is the last verse revealed regarding usury.

"O ye who believe! Bertaqwalah to God and leave the remnants (of various kinds) usury, if ye are believers. So if you do not do (leaving the rest of riba) then know that Allah and His Messenger will fight. And if you repent (from taking usury), then the principal treasure for you; you do not persecute nor persecuted. "(QS Al Baqarah: 278-279)

This new paragraph would be perfect if we examine our understanding together asbabun nuzulnya. Abu Ja'far Muhammad ibn Jarir narrated that Thabary Ath:

"The Tsaqif, Taif city population, has made a pact with the Messenger of Allah that all of their debts, as well as accounts (bills) they are based on usury to be frozen and returned only main course. After Fath Makkah, the Prophet pointed Itab bin Usaid as Governor of Makkah which also includes the Taif region as a regional administration. Is the Bani Amr bin Awf bin Umair that always lend money to the Children Mugheerah usury and ignorance since the time of the Bani Mugheerah always pay for it with additional interest. After the arrival of Islam, they still have a lot of wealth and assets. Then came the Banu Amr to collect the debt by an additional (usury) from Bani Mugheerah - as usual - but Bani Mugheerah after embracing Islam refused to give additional (usury) is. So dilaporkanlah problem to Governor Itab bin Usaid. Responding to this problem directly Itab Governor wrote to the Prophet and the above verse came down. Rasulullah then write a reply letter to the Governor Itab 'if they are pleased with the provisions of God above, so it was good, but if they refuse then kumandangkanlah war ultimatum to them.' "

2.Larangan Riba in Hadith

Prohibition of usury in Islam was not only referring to the Koran but also the Al Hadeeth. As a general position of the hadith which serves to further clarify the rules that have been outlined by the Qur'an, the prohibition of riba in hadith in more detail. In the final mandate on the 9th of Dhu al-Hijjah 10 years Hegira, the Prophet still emphasizes the attitude of Islam which forbids usury. "Remember that you will face your Lord, and He must be counting deeds. God forbid you to take usury, therefore debt due to usury should be waived. Capital (the principal money) you are right you are. You will not suffer or suffered injustice. "

In addition, there are many more hadith which describes the problem of riba. Among these are:

Narrated by Abu Said Al Khudri that at one time brought barni Bilal (a kind of good-quality dates) before the Prophet and he asked her, "Where'd you get it" Bilal replied, "I have a number of dates from a kind of low quality and exchanged her two-sha 'for one sha' palm-type barni to be eaten by the Prophet ", after the Prophet kept saying," Be careful! Be careful! This is indeed usury, riba is true. Do not do this, but if you buy the (palm-higher quality), sell low-quality dates for money and then use the money to buy high-quality dates. "

Reported by Abu Hurairah that the Prophet said, "On the night of Ascension journey, I saw people who like a house of their stomachs, in which filled by snakes that looked from the outside. I asked Gabriel who they were. He replied that they are the ones who devour usury.

"Al-Hakim narrated from Ibn Mas` ud, that the Prophet said: "Riba it has 73 doors (levels), the lowest (sin) is the same with someone who did zina with his mother."

Narrated by Abu Hurairah that the Messenger of Allah said, "God's true justice because it does not justify the four groups into heaven or not to receive guidance from Him. (They are), drinkers of wine, eating usury, eating the orphan's property, and they are not responsible / abandoning his father's mother. "

Decision Justification 2.Alasan Riba

Though the verses and hadith are very clear and usury sharih, still there are some scholars who try to justify the taking of interest money. Among his reasons:

1. In an emergency, interest kosher law.

2. Only a twofold interest alone is forbidden. While interest rates are "reasonable" and not mendzalimi, are permitted.

3. Banks, as institutions, are not included in the category mukallaf. Thus not affected khitab verses and hadiths usury.

Discussion:

a. Emergency

To better understand the meaning, we should conduct a comprehensive review of the terms of this emergency as stated by syara '(Allah and His Messenger) is not the everyday sense of the term.

Imam Suyuti in his book Al Asybah wan Nadhair asserted that "the emergency is an emergency situation where if someone does not act quickly to do something quickly, it will take him to the brink of destruction or death."

"Emergency should be limited according to its purity."

This means that the validity period of emergency exists and there is a limit size and grade. For example, if in the woods there is a cow or a chicken then the dispensation to eat pork to be missing. Similarly, if adequate for survival with three bribes should not exceed the limit by up to seven or ten bribes. Moreover, if brought home and distributed to neighbors.

b. Manifold

Opinion that the interest only when it is considered usury double-double and burdensome. While small when it's perfectly natural and justified. This opinion comes from a mistaken understanding of Surah Ali Imran verse 130.

"O ye who believe, do not you take usury with a double-double and bertaqwalah you to God that you may prosper."

At first glance, the letter of Ali Imran 130 only prohibits usury is indeed a double-double. But the understanding was referred back to the verse carefully, including linking them with other verses usury. Comprehensively, as well as an understanding of the phases of the prohibition of usury as a whole, will come to the conclusion that riba in all forms and types is absolutely forbidden

Criterion double-double in this paragraph should be understood as a matter or the nature of usury, and absolutely not a requirement. Terms of meaning if it does, double multiplier, so usury, if not usury small.

Responding to the discussion Q.S. Ali Imran verse 130 was Shaykh 'Umar bin Abdul Aziz Al Matruk, asserted

"As for the meaning of paragraph 130 Surah Ali Imran, including editorial and user double-double of her as a proposition, not at all mean that usury should be so much. This verse confirms the general characteristics of usury that he has a tendency to grow and multiply with time. Thus, this editorial (double-double) into the general nature of usury in the terminology syara (Allah and His Messenger). "

Need direnungi also that the use of rule-maf hum mukhalafah in the context of Ali Imran 130 highly deviated well from siyaqul kalam, the context of inter-section, a chronological decrease of revelation, and sayings about the Prophet and the practice of usury flowering of money in those days. Simply put, if we use logic-maf hum mukhalafah meaningful consequences in reverse - if the double is prohibited, it may be small, if not alone, then clustered: if not inside then outside. and so on, we will be mistaken in understanding the messages of Allah I For example, if we interpret paragraph prohibition of adultery is knowledgeable mukhalafah (32) "And do you approach adultery; true that adultery is a heinous act. And an evil way. "" Forbidden to you (for food) are carrion and blood and pork (meat animals) are slaughtered in the name of other than God. "Do not approach adultery! What is prohibited is approached, meaning fornication

 itself is not prohibited. Likewise, the ban eating pork.

Do not eat pork! Which are prohibited to eat meat, while the bone, fat, and skin was not mentioned explicitly. Does it mean bone, fat, and kosher pig skin

Understanding God's messages like this are obviously very dangerous because, as pointed out above, did not heed siyaqul kalam, chronological decline in revelation, antarayat context, the Prophet sayings about the subject of discussion, as well as parrots disciplines, badie, and maa'nie.

On top of it all should also be understood once again that verse 130 Surah Ali Imran revealed in year 3 AH This verse must be understood together verses 278-279 of Surat al-Baqara who fell in year 9 H. The scholars assert that in the last paragraph it is a "broom clause universe" for every shape, size, grade, and type of usury.

Law and Legal c.Badan Taklif

There are some scholars who argue that when the verse of riba down and delivered the Arabian Peninsula, there are no banks or financial institutions, there are only individuals. Thus, BCA, Bank Danamon, or Bank Lippo, not under the law at the time of the Prophet taklif because life does not exist.

This argument clearly has many shortcomings, both in terms of historical and technical

i. Is not true in the days of pre-Allah there is no "legal entity" at all. History of Rome, Persia and Greece showed thousands of financial institutions that receive approval from the authorities. Or in other words, their company has entered the country sheets.

ii. In the legal tradition, the company or legal entity referred to as Juridical personality or syakhsiyah hukmiyah. Juridical personality, this is a legitimate and legally able to represent individuals as a whole.

Viewed from the side of harm and benefit, the company could do far greater harm than per seorangan. The ability of a drug dealer than a mafia organization in producing, to export, and distribute the drugs mafia are not the same institution is much bigger and dangerous. It would be naive if we say anything that made mafia institutions can not be affected because no human law mukallaf taklif.

Indeed he is not a human being but do fi'il mukallaf mukallaf a much bigger and dangerous. Similarly, financial institutions, what is the difference between a loan shark with rent-seeking institutions. Both leeches are strangling small people. The difference is, moneylenders in the district or districts while the scale of rent-seeking institutions include provincial, state, and even global.

3.Berbagai Fatwa on Riba

Almost all the majlis fatwa influential Islamic organizations in Indonesia, such as Muhammadiyah and NU, have discussed the problem of usury. Discussion as part of the concern of Islamic mass organizations are to problems that developed in the middle of his flock. To that end, both organizations have the institution of ijtihad ie Majlis Legal Affairs Committee Standing Committee of Muhammadiyah and NU Masail Bahsul.

The following are excerpts from two important decisions of ijtihad institutions are associated with usury and the flowering of money.

1). Majlis Legal Affairs Committee of Muhammadiyah

Majlis Legal Affairs Committee has taken decisions on the law of economics / finance outside the charity, including the banking problems (1968 and 1972), finances in general (1976), and savings and loans cooperatives (1989).

Sidoarjo Majlis Legal Affairs Committee (1968) resolved:

i. Riba is haraam by nash sharih Qur'an and Sunnah.

ii. Banks with riba is haraam system and the bank without lawful usury.

iii. Flowers provided by the state-owned banks for their customers or

on the contrary that have been accepted, including the case musytabihat.

iv. PP Muhammadiyah advised to try to realize

conception of the economic system, particularly banking institutions, which in accordance with

Islamic rule.

Explanation of this decision says that the state banks, the ownership and its mission statement is very different from private banks. State bank interest rates (at the time) was relatively lower than the national rate of private banks. However, the permissibility of bank interest, this country is still relatively musytabihat (considered doubtful).

Wiradesa Majlis Legal Affairs Committee, Pekalongan (1972):

i. Mandated to PP Muhammadiyah to soon be able to meet the Majlis Legal Affairs Committee's decision in 1968 on the establishment of Sidoarjo conception of the economic system, particularly banking institutions in accordance with Islamic rules.

ii.Mendesak PP Muhammadiyah Majlis Legal Affairs Committee to be filed in the conception of a future conference.

The financial problems are generally determined by the Majlis Legal Affairs Committee Conference Garut (1976). The decision was discussion concerning the sense of money or property, property rights, and obligations of the owner of the money according to Islam. The problem of cooperative savings and loans are discussed in the Majlis Legal Affairs Committee Conference Malang (1989). Decision: savings and loans co-operative law is permissible, because the additional payments on savings and loans cooperatives not including usury.

Based on the above decision of Malang, PP Muhammadiyah Majlis Legal Affairs Committee issued an additional statement is, that the additional payments or services provided by the borrower to co-operative savings and loans is not usury. However, in practice, need to remember some things. Among other things, should additional payment (services) do not exceed the rate of inflation.

2). Lajnah Bahsul Masa'il Nahdhatul Ulama

About the bank and the flowering of money, the Standing Committee had decided the issue through several trial. According to the Standing Committee, the bank law and the law of interest is like the law of pledge. There are three scholarly opinions in relation to this issue:

i. Haram: including debt levy for rent.

ii. Halal: Because there is no requirement on aqad time, while the prevailing custom, not

can simply be used as the query.

iii. Doubtful: (not necessarily kosher-illicit) because legal experts disagree

about it.

Although there are differences of views, the Standing Committee decided that (option) is more cautious is the first opinion, which is called the bank interest is haram.

Standing Committee decision Bahsul Masail more complete information about the bank issue is set at the hearing in Bandar Lampung (1982). Conclusion session that discusses the theme of the Islamic Bank Issues include:

i.Para musyawirin still different opinions about the legal interest of conventional banks

as follows:

There are opinions that equates with usury between the interest banks unanimously, so that is haraam.

There are opinions that do not equate with usury interest rates, so that is permissible.

Legal opinion stating there is doubtful (not identical with the haram).

The first opinion with several variations including the following circumstances:

With all kinds of flowers together with usury, so that is haraam.

Flowers was the same as usury and haraam. But may be withheld

while the banking systems of Islamic or without interest not to operate.

Flowers was the same as usury, is haraam. However, because there may be levied

strong demand (hajah rajihah).

The second opinion also with several variations including the following circumstances:

Consumption equals usury interest, is haraam.

Interest earning the same as usury lawful.

Interest earned from savings accounts are not the same as usury lawful.

Interest received from deposits in the bank, is permissible.

Bank interest is not unlawful if the bank set the interest rates prior

in general.

Islamic Banking in Indonesia 4.Lahirnya

History of Islamic banking in Indonesia reflects the dynamics of the aspirations and wishes of the Indonesian people themselves to have an alternative banking system applied for a profitable system for customers and banks. Articles of Islamic banking practices began in the early 1980s, as the process of finding alternative banking system characterized by the principles of transparency, fair, balanced and ethical.

As a pilot, community together with academics and then try to practice the idea of Islamic bank in the small scale, such as the establishment of the temple of Al-Salman Tamwil at Bandung Institute of Technology and Cooperation Ridho Gusti in Jakarta. The existence of a business entity of non-bank financing are trying to apply the concept for this result shows that Indonesian society requires the presence of an alternative Islamic financial institutions to complement the service by conventional financial institutions which already exist.

Observing the growing aspirations of the Indonesian people to have the Islamic financial institutions, the religious leaders who are members of the Indonesian Ulema Council (MUI) and then follow up by doing the people's aspirations about the deepening of Islamic financial concepts including Islamic banking system. On 18-20 August 1990, held a workshop MUI Bank Interest and Banking in Cisarua, Bogor, West Java. The result of the workshop were then discussed in more depth at the Fourth National Congress of the MUI in Jakarta on 22-25 August 1990, which resulted in the formation of the mandate for the establishment of the working group's first Islamic bank in Indonesia. This working group called Team in charge of the Banking MUI to follow up concretely the aspirations and desires of the community and perform a variety of preparation and consultation with all parties involved.

The work of the Banking Team MUI is the establishment of PT Bank Muamalat Indonesia (BMI). BMI establishment deed was signed on November 1, 1991 and BMI began operations in May 1, 1992. In addition to BMI, another pioneer of Islamic banking is the Rural Bank (BPR) and BPR Mardhatillah Dana Sejahtera Blessings Charity, founded in 1991 in Bandung, which was initiated by the Institute for Sharia Economic Development (ISED).

Support Government in developing the Islamic banking system is then seen by the release of legal tools that support the operational system of Islamic bank, namely Law no. 7 Year 1992 on Banking and No. 72 Year in 1992. This provision marked the beginning of the era of dual banking system (dual banking system) in Indonesia, namely the operation of the conventional banking system and banking system with the principle of profit sharing. In this dual banking system, both the banking system and synergistically together to meet community needs for products and services Containers Islamic Da'wah "wadi" banking, as well as support the financing for the sectors of national economy.

Furthermore, through the amendment of Law Number 7 Year 1992 on Banking became Act No. 10 of 1998, the existence of Islamic banking system is increasingly driven development. Under the Act No.10 Year 1998, Public Bank is allowed to conduct operations based on sharia principles, namely through the opening UUS (Syariah Business Unit). In this law also for the first Islamic bank name officially replaced the term bank for hasilyang been used since 1992.

In the course of time, experience proves that the Islamic banking system has become one solution to help bolster the national economy from economic and monetary crisis in 1998. Islamic banking system proved able to support the national financial system stability when passing through shocks. It further reinforces the ability of Islamic banking system's position as one of the potential for sustaining the national economy to be reckoned with.

Ultimately, the Islamic banking system to be established by Bank Indonesia is a modern Islamic banking, which are universal, open to all Indonesian people, without exception. With a unique positioning as an''Islamic banking is more than just banks''(beyond banking), which is banking that provides financial products and services are more diverse and supported by a more varied financial schemes, it is believed that in the future will be higher interest Indonesian people to use Islamic bank. And in turn this will increase the significance of the role of Islamic banks in supporting the stability of national financial systems, together synergistically with conventional banks in terms of Dual Banking System (perbankanganda systems) Indonesian Banking Architecture (API)

Islamic banking market share gained momentum against the conventional banks. When the rate of growth of Islamic banks grew rapidly, so it is not impossible to achieve or even exceed the target of Islamic Banking assets 5% of the national banking assets in 2011, as listed in the blueprint (blueprint) the development of Islamic banking from Bank Indonesia.

CONCLUSION

1.Larangan Riba in the Qur'an and Sunnah

Muslims are forbidden to take usury of any kind. Prohibition so that Muslims do not engage in usury sourced from various letters in the Qur'an and the hadith of the Prophet.

Decision Justification 2.Alasan Riba

Though the verses and the hadith is very clear and usury sharih, still there are some scholars who try to justify the taking of interest money. Among his reasons:

a. In an emergency, interest kosher law.

b.Hanya compound interest alone is forbidden. While interest rates are "reasonable" and not mendzalimi, are permitted.

c. Banks, as institutions, are not included in the category mukallaf. Thus not affected khitab verses and hadiths usury.

3.Berbagai Fatwa on Riba

Almost all the majlis fatwa influential Islamic organizations in Indonesia, such as Muhammadiyah and NU, have discussed the problem of usury. Discussion as part of the concern of Islamic mass organizations are to problems that developed in the middle of his flock. To that end, both organizations have the institution of ijtihad ie Majlis Legal Affairs Committee and the Standing Committee of Muhammadiyah Bahsul Period ¡| il NU.

1). Majlis Legal Affairs Committee of Muhammadiyah

Majlis Legal Affairs Committee has taken decisions on the law of economics / finance outside the charity, including the banking problems (1968 and 1972), finances in general (1976), and savings and loans cooperatives (1989).

Sidoarjo Majlis Legal Affairs Committee (1968) resolved:

i. Riba is haraam by nash sharih Al Qur ¡| an and Sunnah.

ii. Banks with riba is haraam system and banks without usury laws

kosher.

iii. Flowers provided by the state-owned banks for their customers

or vice versa which is valid, including the case musytabihat.

iv. PP Muhammadiyah advised to try to realize the conception of economic systems, in particular banking institution, in accordance with Islamic rules.

2nd). Lajnah Bahsul Masa'il Nahdhatul Ulama

About the bank and the flowering of money, the Standing Committee had decided the issue through several trial. According to the Standing Committee, the bank law and the law of interest is like the law of pledge. There are three scholarly opinions in relation to this issue:

i. Haram: including debt levy for rent.

ii. Halal: For there is no requirement at the time aqad, while the prevailing custom, can not simply be provided.

iv.Syubhat: (not necessarily kosher-illicit) because legal experts disagree about it.

Although there are differences of views, the Standing Committee decided that (option) is more cautious is the first opinion, which is called the bank interest is haram.

4.Lahirnya Islamic Banking

History of Islamic banking in Indonesia reflects the dynamics of the aspirations and wishes of the Indonesian people themselves to have an alternative banking system applied for a profitable system for customers and banks. Articles of Islamic banking practices began in the early 1980s, as the process of finding alternative banking system characterized by the principles of transparency, fair, balanced and ethical.

Observing the growing aspirations of the Indonesian people to have the Islamic financial institutions, the religious leaders who are members of the Indonesian Ulema Council (MUI) and then follow up by doing the people's aspirations about the deepening of Islamic financial concepts including Islamic banking system. On 18-20 August 1990, held a workshop MUI Bank Interest and Banking in Cisarua, Bogor, West Java. The result of the workshop were then discussed in more depth at the Fourth National Congress of the MUI in Jakarta on 22-25 August 1990, which resulted in the mandate for the formation of working groups establishing the first Islamic bank in Indonesia. This working group called the MUI Banking Team which is responsible for follow up concretely the aspirations and desires of the community and perform a variety of preparation and consultation with all stakeholders.

The work of the Banking Team MUI is the establishment of PT Bank Muamalat Indonesia (BMI). BMI establishment deed was signed on November 1st, 1991 and BMI began operations in May 1, 1992. In addition to BMI, another pioneer of Islamic banking is the Rural Bank (BPR) and BPR Mardhatillah Dana Sejahtera Blessings Charity, founded in 1991 in Bandung, which was initiated by the Institute for Sharia Economic Development (ISED).

Support Government in developing the Islamic banking system is then seen by the release of legal tools that support the operational system of Islamic bank, namely Law no. 7 Year 1992 on Banking and No. 72 Year in 1992. This provision marked the beginning of the era of dual banking system (dual banking system) in Indonesia, namely the operation of the conventional banking system and banking system with the principle of profit sharing. In this dual banking system, both the banking system and synergistically together to meet community needs for products and services Containers Islamic Da'wah "wadi" banking, as well as support the financing for the sectors of national economy.

Furthermore, through the amendment of Law Number 7 Year 1992 on Banking became Act No. 10 of 1998, the existence of Islamic banking system is increasingly driven development. Under the Act No.10 Year 1998, Public Bank is allowed to conduct operations based on sharia principles, namely through the opening UUS (Syariah Business Unit). In this law also for the first Islamic bank name officially replaced the term bank for hasilyang has been used since 1992.

REFERENCES

1.Al-Hikmah. 2005. Al-Quran and terjemahanya. Bandung; Diponegoro

2.H.R. Bukhari no. 2145, the book of Al Profit

3.http: / / www.tazkia.com / Riba in the perspective of religion and history

4 ......" Blueprint for Islamic Banking. Bank Indonesia. 2005

5.http: / / Buchoree.blogspot.com / Banking Indonesia.MATERI IN - I, D and E class muamalah

3 comments:

  1. mantap kim....
    tapi mungkin bisa direvisi

    ReplyDelete
  2. yang kreatif dan biar tambah keren blognya. by hari

    ReplyDelete
  3. hemmm pak afif ini kasi coment kok gtu masalah revisi gaknya terbukti gak gtu mkalahnya he he

    pak hari ma kasih masukannya

    ReplyDelete

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