Pelaksanaan Gadai Emas dengan Sistem Syariah di Bank Mandiri Syariah Cabang Kisaran

Abstract

Banks are financial institutions that collect public funds from surplus parties and channel funds to deficit parties. In general, the definition of Islamic Bank (Islamic Bank) is a bank whose operations are adjusted to Islamic sharia principles. The development of Islamic banks was not only established by countries with a majority Muslim population, but also by non-Muslim countries by forming a separate unit at the bank to serve customers who wanted banking based on sharia principles. In Indonesia itself, the development of Sharia Banks began in 1991, with the establishment of Bank Muamalat Indonesia and technically a juridical mention of Islamic Banks using the official term "Sharia Bank", or in full called "Sharia Principles Based Bank". Sharia banking aims to support the implementation of national development in order to improve justice, togetherness, and equitable distribution of people's welfare. In achieving this goal, Islamic banks direct their business activities in accordance with Islamic law, so that products issued by Islamic banks are different from products issued by conventional banks. The profit sharing system in Islamic banks is one of the uses of Islamic principles because interest is contrary to Islamic law. The National Sharia Council in Fatwa No.26 / DSN-MUI / III / 2002 states that the costs or costs borne by the large pawnshop are based on actual expenditures needed. On the other hand the bank is the person who will be the recipient of the mortgage. The bank will check the completeness of the customer as the pledge giver then the bank will provide funds in accordance with the value of the goods pawned by the pledge giver. The bank as the recipient of the mortgage has an obligation to safeguard the pledged goods of its customers and also has the right to auction the goods if the customer has passed the payment due determined by the bank The Sharia Banking Law, all operational activities of Islamic banking must be based on Sharia Principles, economic democracy, and the principle of prudence. In Article 1 Number 12 of the Law on Sharia Banking, sharia principles are defined as the principles of Islamic law in banking activities based on a fatwa issued by an institution that has the authority to stipulate a fatwa in the field of sharia. The legal relationship has the consequence that in carrying out its business activities, Islamic banking business actors must carry out a legal action.