Senin, 02 Mei 2011

Conventional Bank Interest According to Islamic Law

The musyawirin still different opinions about the legal interest of conventional banks as follows:
a. There are opinions that liken between bank interest with usury is absolutely, so that is haraam.b. There are opinions that are not bank interest equates with usury, so that may hukumya.c. There are opinions that say the ruling shubhat (not identical with haram).
The first opinion with a few variations are as follows:a. Interest is it with all the same kind of usury that is haraam.b. Flowers was the same as usury and haraam. However, the operation may not be collected while the Islamic banking system (without interest).c. Soma with usurious interest, is haraam. However, be withheld because of strong demand (Hajah rojihah).
The second opinion also with some variations are as follows:a. Consumer interest with usury, is haraam, and earning interest is not the same as usury, lawful.b. Interest earned from savings bank current accounts are not the same as usury, lawful.c. Interest received from deposits to the bank at stake permissible.d. Bank interest is not haram, if the bank set interest rates in general first.
Given NU is the biggest potential in national development and in social life ekonominnya, needed a financial institution as pempinjam and coaches are completing the requirements in accordance with keyakina NU life, it is necessary to find a way out to determine the banking system in accordance with Islamic law the bank without interest by following these steps:
1. before achieving the above goals, the banking system should be undertaken now should be fixed.
2. It should be arranged: 1) In a society with the principle of union funds.a). Al-wadi'ah (savings) conditional or dlaman, which is used to accept demand deposits (current accounts) and savings (savings accounts) and loans from other financial institutions which adopt the same system.b). Al-mudlarabah.
In practice, this form is called investment accounts (time deposits), for example 3 months, 6 months etc.. Amount of the on-line can be expressed in:1. General investment account (GIA)2. Special investment accounts (SIA)
2). Investment funds and activities in the business:
a. In the Amount of line there are 3 activities, namely:- Financing of the project.- Financing trade partnership- Provision of services on the effort through joint ventures, profit sharing and so on.
b. For the project financing system that can be used include:1. Mudharabah muqaradhah2. Musharaka shirkah3. Murabaha4. Giving credit to the service change (not flowers)5. Ijarfah6. Bai'uddain, including bai'ussalam7. Al-qardul hasan (interest-free loan, without service change)8. Bai'u bitsumanin aajil
c. To aqriten participation, the bank can open LC (Letter of Credit) and spending a letter of guarantee. To this can be reached on the basis of activities:1. Wakalah2. Musharaka3. Murabaha4. Ijarah5. Hire - purchase6. Bai 'ussalam7. Al-bai'ul aajil8. Kafalah (bank guarantee)9. Warking capital financing (working capital) through purshase order denganmenggunakan murabaha principle.
d. For banking services (banking services), such as delivery and money transfers, buying and selling exchange danpenukarannya etc., Still can dilaksanakandengan principle without interest.

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