PENYERTAAN AKADWAKALAH PADA PEMBIAYAAN MURABAHAH (Studi Di BNI Syariah Cabang Kendari)

Abstract

Abstract
Inclusion wakalah in murabaha financing is an innovative banking practitioners, hybrid
contract, an agreement the two parties to implement a contract that contains two or more
contract. Wakalah wal Murabahah is a financing agreement of sale and purchase, the
bank as the seller has set aside and delegate to the customer as a buyer to purchase their
own items needed on behalf of a third party bank independently.
This study aims to determine the implementation of inclusion wakalah on
murabaha financing at BNI Syariah Branch Kendari and economic overview of Islam
against the inclusion of such contract. This study is a qualitative research using interview,
observation and documentation to collect data, and then processed and analyzed by the
reduction step, presentation and conclusion. Based on the nature and purpose, this study
included descriptive exploratory study. The approach used in this study is normative. Based
on the results of the study found a discrepancy between the implementation of inclusion
wakalah on murabaha financing at BNI Syariah Branch Kendari with a scheme
provided by the bank. First, themurabaha contract which should be done after the
customer as the representative of the bank buys the goods to the supplier turned out to be
held in conjunction with wakalah. Second, purchasing goods over to the customer
representative was not in the name but in the name of customers bank itself. Third, funding
the purchase of goods that should be paid directly by the bank to the supplier turned out to
be melted first by transferring to customers' accounts.In the perspective of Islamic
economics, murabaha wal wakalah included in this type of merger contract are allowed,
but each pillar and second terms in this contract must be fulfilled if it will be combined.
However, in practice, the financing murabaha wal wakalah happened in BNI Syariah
Branch Kendari has invalidated one of the pillars and the terms of the sale and purchase
namely the lack of traded goods and the goods are not the full property rights berakad
parties. Offers to buy this kind of forbidden because included in the category of selling goods
that are not owned, sell goods that is not your own and set a profit on goods that are not yet
under control. Terms in wakalah also not fulfilled because the goods to be purchased has not
become the property of the bank. The bank does not have a relationship of cooperation and
agreement in the purchase agreements with suppliers of goods so that the purchasing process
can not be delegated to the customer.
Keywords: Inclusion, wakalah, murabaha financing, and BNI Syariah Branch Kendari