Concept of Clause Aqad Qardh and Accesoir in Sharia Banking That Accommodate Economic Principles Free of Riba (Usury)
Abstract
Concept of Qardh financing contract clause in sharia banking in Indonesia made and signed between the Bank
and the Customer in connection with the provision of financing from the Bank to the Customer before the Notary
as referred to in the Law of the Republic of Indonesia Number 2 Year 2014 on the Notary (UUJN) and the
concept of Accesoir Power of Attorney Charging Deposit Rights (SKMHT) and the Deed of Assignment Rights
(APHT) created and signed before the Land Deed Authority (PPAT) as referred to in Government Regulation
Number 24 Year 2016 on PPAT (PPAT Regulation). The concepts of the Qardh and Accesoir Financing
Agreement clauses to be free of usury must accommodate the riba-free sharia principles that are compatible with
Al-Quran, Al-Hadith, Fatwa of the National Sharia Council of the Indonesian Ulema Council (Fatwa DSN MUI),
especially Fatwa Number 19 / DSN-MUI / IV / 2001 On Al-Qardh, dated April 18, 2001, Supreme Court
Regulation No. 02/2008 concerning the Compilation of Sharia Economic Law (KHES); The Law of the Republic
of Indonesia Number 21 Year 2008 concerning Sharia Banking and up to now is not fully in accordance with
sharia principles as mentioned in Al-Quran and Al-Hadith, since there is still a provision on interest
/penalty/administrative penalties/penalties that the actions of 'Riba' in the making and signing of the Qardh and
Accesoir Agreement. The journal is a continuation of previous journal as referred to previous journal to be
published on July, 2017 with subject: Akad Qardh And Accesoir In Sharia Banking Not Yet Based On Sharia
Economic Principles Free Of Riba (Usury).
Keywords: Concept, Clause Akad, Qardh, Accesoir, Free Riba, Sharia Principles.
1. Introduction
Banking is the heart or motor of the economy in various countries, including in the Republic of Indonesia. The
economy of a nation is largely determined by the banking system, thereby expanding the thinking in the world
about banking and especially in Islamic Banking or Sharia Banking.
The provisions on the clauses of the qardh and accesoir agreement are not yet stipulated in the Sharia
Banking Law, the Fatwa of DSN MUI and KHES because in the Fatwa DSN MUI and KHES only explaining
the general provisions of qardh.
The concept of Islamic economics has actually existed since the Prophet SAW spreaded of Islam in the 6th
century ago (long before the birth of Adam Smith and Milton Friedman). Excavation of this concept has only
begun since the writings of Islamic philosophers such as Ibn Taimiya ra, Imam Ghazali ra and just appeared on
the surface scientifically by the scholars of the 1960s. This is seen in research journals such as Majallah Al-
Iqtishod Al-Islami, IEA (Islamic Economics, Review of Islamic Studies). and in connection with the life of the
economy is inseparable from the human self itself.
The terminology of Islamic shari'a has long been known in the life of a Moslem, even non-moslem people
have known him. The term is implicitly expressed in the Qur'an and Al-Hadith, in general the people understand
that the shari'a means the divine law of the Qur'an and Al-Hadith.
Currently the development of sharia financial markets (financial market sharia) is rife in the world,
especially in countries that are predominantly Moslim. This is marked by the establishment of Islamic Financial
Market in Kuala Lumpur which was pioneered by Islamic countries. The advancement of financial market sharia
in Indonesia, especially in banking and sharia insurance is significant, followed by capital market and pawnshops
sharia. Human action is driven by the desire to gain as much of the material as possible therefore the life
competition is ruled by the natural selection. and the constitution Republic Indonesia 1945, ideally it should be
the next form of the development of the past existing values, principles and formulation model of law norm,
Sharia banking blooming is not balanced with availability of sufficient human resources, but shall be under the
provisions of sharia.
Islamic banks have the potential to develop in Indonesia, partly due to the large number of Moslems and
sharia banks have the potential to be developed in eighteen areas with high economic potential and a strong
Islamic base.
The definition of the world Riba has been the subject of a protracted jurisprudential debate in the Arab
and Muslim world in the twentieth century. It is not surprising that the question of Riba would come
8
Journal of Law, Policy and Globalization
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Concept of Clause Aqad Qardh and Accesoir in Sharia Banking That Accommodate Economic Principles Free of Riba (Usury)
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