MEKANISME MAWAH SAPI DI DESA DAMAR CONDONG DALAM TINJAUAN KONSEP PEMBIAYAAN MUDHARABAH

Abstract

The practice of mudharabah financing in the management of cow mawah that occurs in the Damar Condong village community is the capital provided by shahibul maal in the form of goods (cows). Then the cow is given to mudharib. Mudarib is responsible for the care of the cows given to him. The results obtained from raising cattle are divided equally, namely 50:50. But when the cow is lost, the risk is fully borne by the mudharib, Shahibul Maal insists on giving the responsibility without exception. The formulation of the problem in this study are: 1. What is the Mechanism of Mawah Sapi in Damar Condong Village? 2. What is the Mawah Sapi Mechanism in Damar Condong Village in Reviewing the Mudharabah Financing Concept? The objectives of this study are: 1. To determine the mechanism of Mawah Sapi in Damar Condong Village. 2. To find out the Mawah Sapi Mechanism in Damar Condong Village in the Review of the Mudharabah Financing Concept. This research is a field research that uses a normative-qualitative approach. A normative procedure is a research that has a legal object, whether law as a science or dogmatic or legal rules relating to the attitudes and lives of citizens. On the other hand, qualitative research is used as a research study procedure to create descriptive information in the form of written or spoken words from people or behaviors that are observed directly in the field. The results of the research on mudharabah mawah cattle financing conducted by the people of Damar Condong Village did not work properly or did not comply with the mudharabah financing rules. First, the capital provided is in the form of goods because there is no element of trust and full willingness when the capital provided is in the form of cash, secondly, the mudharib is obliged to fully compensate if the cow that was offered to him is lost, even though the loss of the cow is not the negligence of the mudharib. The policy made by Shahibul Maal in Damar Condong Village also violates the fatwa of DSN-MUI 07/DSN-MUI/IV/2000 concerning Mudharabah Financing, that is, Shahibul Maal is obliged to bear the risk if the loss of the item is not due to mudharib's negligence.