Jaminan dalam Aqad Pembiayaan Muḍārabah Perbankan Syariah di Wilayah Surabaya

Abstract

The Moral hazard and skill of costumer are fundamental problems in financing of sharia bank by muḍarabah contract. In order to reduce the risk of that problems, sharia bank obliges the bail for granted loan. This research aims to know how the determination of bail included in contracts of financing, especially in muḍarabah contract. The approach of this research is qualitative descriptive approach. The analytic result shows that the collateral in sharia bank is different from conventional bank, it doesn’t bail the credits but it bails muḍarib for not breaking the agreement. Therefore, if the muḍarib incurred economical losses without breaking the agreement, the bail can’t be confiscated