The Analysis of the Application of DSN MUI Fatwa number 25/DSN-MUI/III/2002 About Rahn on the Excess of Selling Result of Auction of Warranty in BPRS Al Salaam (Mohammad Toha Bandung)

Abstract

In the teachings of Islam, mutual help in the form of lending and borrowing allowed, but Islamic law teaches that the interests of shahibul maal (owner of the funds) should not be harmed by the borrower. Therefore, there must be a guarantee of goods from mudharib (clients) on loans granted by shahibul maal. Thus, if a jam occurs because the client is not able to repay the loan, the collateral can be auctioned or sold as a redeemer loans to cover the lack of customer debt. DSN MUI Fatwa No. 25 / DSN-MUI / III / 2002 Rahn has set the terms of sale of goods by the customer assurance process forced sale / auction. One of the Islamic financial institutions, which carry out the auction process of default mudharib collateral, is BPRS AL SALAAM Bandung. However, in fact, are sometimes not willing party’s mudharib guarantee goods sold or the Bank does not return the excess collateral auction sales results. Based on this, the formulation of the problem and the purpose of this study were to determine (1) terms of the auction the collateral according to DSN MUI fatwa No. 25 / DSN-MUI / III / 2002; (2) Implementation of auction items in BPRS AL SALAAM; and (3) Analysis of provisions DSN MUI fatwa No. 25 / DSN-MUI / III / 2002 Rahn in excess of the selling auction items in the BPRS AL SALAAM guarantee. The method used in this study is a qualitative research method, the data obtained directly from interviews, as well as quotes from various written sources closely associated with this research. The conclusion of this study is the provision auction the collateral according to DSN MUI fatwa No.25 / DSN-MUI / III / 2002 concerning Rahn where in it is described on the resolution of the contract Rahn did not explain in detail how a Marhun declared to be auctioned or sold directly. Auction items in BPRS AL SALAAM guarantee in practice is rarely carried out by the BPRS AL SALAAM and if there is an excess on the sale Marhun, the BPRS AL SALAAM not leave the rest of the surplus to Rahin. Results of analysis of the provisions of DSN MUI fatwa No. 25 / DSN-MUI / III / 2002 Rahn in excess of the selling auction items in the BPRS AL SALAAM guarantees have not been fully implemented. Especially in terms of finding Hilah (reason) is the name of the replacement cost of administration when there is excess selling on Marhun.