Analisis Perubahan Konsep Kontrak dalam Prosedur Pelaksanaan Produk ar-Rahnu dan Kesannya

Abstract

The offering of Ar-Rahnu products based on the concept of tawarruq was introduced to replace the concept of qard as the former has been decided not to comply with syarak by the Shariah Advisory Council of Bank Negara Malaysia due to the issue of qard jarra naf'an and bai 'wa salaf on the practice of safe keeping charge. How far do these changes and what affect of product procedures? This research will analyse the changes in the concept of contract in Ar-Rahnu products and affect of such changes. This research used a qualitative method with a content analysis approach and semi-structured interview. The analysis was made based on four elements in the product implementation procedure, namely the authenticity test and type element, agreement contract element, reminder notice element and legal and takaful element. The results showed that the change of contract concept in Ar-Rahnu products did give a significant change to the contract element of the agreement because there was a commodity sale transaction in Ar-Rahnu and there was an increase in contracting parties. Further, there were no changes in element of authenticity test and type as well as legislation and takaful. Furthermore, there is a change in the element of the reminder notice from the aspect of ransom method in Ar-Rahnu AgroBank only as the mortagage to be redeemed will be re-evaluated according to the current gold price. The changes have an impact in terms of increased implementation procedures due to commodity sales transaction, additional of agreement documents to 2 namely murabahah and wakalah contract, the amount of safe keeping fee changed after six months, increased contracting parties due additional third parties and waiting period becomes long if there is a technical problem with the system. Finally, the study found that the change in the concept of contract has a positive effect in terms of shariah concept and product structure because there are commodity sales transactions and it's transactions can be executed without any element