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Tinjauan Hukum Ekonomi Syariah Terhadap Praktik Jual-Beli Emas Tidak Tunai Berdasarkan Fatwa DSN-MUI No. 77/DSN-MUI/V/2010 Di Bank Syariah Indonesia

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"Goal : This study aims to analyze the practice of non-cash gold trading in Bank
Syariah Indonesia's (BSI) ""Cicil Emas"" product. Specifically, it examines the
conformity of its transaction mechanism with the provisions of the National
Sharia Council–Indonesian Ulema Council (DSN-MUI) Fatwa No. 77/DSN
MUI/V/2010 on Non-Cash Gold Trading and Fatwa No. 04/DSN-MUI/IV/2000
on Murabahah. The study also identifies the challenges encountered in its
implementation.
Methods : This research employs a descriptive qualitative approach. Data were
collected through three main techniques: in-depth interviews with the
management at a BSI branch office, document studies of product materials and
related fatwas, and observations of operational processes. The collected data
were analyzed using a descriptive-analytical method by comparing field
practices with the normative provisions of Sharia economic law to draw
conclusions regarding the level of Sharia compliance.
Fact/Finding : The findings show that the gold installment practice in BSI's
""Cicil Emas"" product complies with DSN-MUI Fatwa No. 77/DSN-MUI/V/2010
in several key aspects, namely a fixed selling price throughout the contract period
and the permissibility of using gold as collateral (rahn). Regarding the
Murabahah contract, the ownership requirement (qabdh) is also fulfilled through
the application of the qabdh hukmi (legal/constructive possession) concept,
whereby BSI is legally considered to own the gold through a partnership with its
supplier before the contract is executed. This practice, supported by full
transparency to the customer, is thus proven to be in line with sharia principles
and avoids the prohibition of selling an item not yet owned (bai' ma la yamlik). "

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Detail Information

Series Title

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Call Number

REF 2X4.2 HAB t

Publisher

Bogor : Universitas Islam Tazkia., 2025

Collation

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Language

Indonesia

ISBN/ISSN

NIM.2110204011

Classification

2x4.2

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Murabahah
Sharia Compliance
DSN-MUI Fatwa
BSI Cicil Emas

Specific Detail Info

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Statement of Responsibility

Zen Habibullah

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