Analisis implementasi dan risiko pembiayaan perumahan dengan akad Murabahah dan musyarakah mutanaqisah

Abstract

The aim of this study is to know whether or not the implementation of contract of murabahah and musyarakah mutanaqisah is appropriate to literatures and fatwa dewan syariah Nasional about murabahah and musyarakah mutanaqisah. Qualitative research method is employed in this study. Both primary and scondary data are used in this research. Primary data is obtained by interviewing the unit of marketing of bank muamalat surabaya. Secondary data is obtained by studying the literatures and browsing on the official website of bank muamalat. The result of this study shows that the implementation of the contract of murabahah and musyarakah mutanaqisah is appropriate to fatwa Dewan Syariah Nasional No:73/DSN-MUI/XI/2008 about musyarakah mutanaqisah and Fatwa Dewan Syariah Nasional No:04/DSN-MUI/IV/2000 about Murabahah. Inexpediency of the contract of muabahah can be seen on determining the advance which is not based on the agreement between bank and client. The decision of the amount of the advance is based on bank’s policy. The acceptance of submission of financing application is based on client’s ability to pay the loan; it is obtained by accounting 35-40% of take home pay.concerning on the rate margin, of the contract of musyarakah mutanaqisah is 12.5% which is revised by ALCO (Asset and Liabilities Commitee) for every 1-2 year. The contract of murabahah, however, has three degrees of rate margin; 11.5% for 1-5 years, 15.5% for 6-10 years, and 16.5% for 11-15 years. Risk encountered by bank muamalat are financing risk, market risk, liquidity risk, operational risk, pursuance risk, strategic risk, reputation risk and law risk. The management of risk is done by the division of management of risk having its four department