KEABSAHAN KEUNTUNGAN (MARGIN) PADA AKAD MURABAHAH DENGAN SISTEM BA’I AL-WAFA’

Abstract

This research is motivated by the problem of margin in the murabahah contract with the ba'i al-wafa' system, namely: First, when viewed from the concept of ba'i al-wafa', there is no element of margin in it; Second, before a transaction, profit is determined in advance. This study uses a normative legal research with the statute approach to examine the rules governing the terms of the murabahah akad and the ba'i al-wafa' system; and a conceptual approach to examine the meaning of the murabahah contract and the ba'i al-wafa' system. The results of the study explain that agreeing on a profit margin on the second transaction in a murabahah akad with the ba'i al-wafa' system is following the conditions for the validity of the agreement according to Islamic law, because it has fulfilled 3 (three) legal requirements of Islamic law, namely: First, not violating principles of sharia, because following the concept of profit in Islam in which there is an element of 'Iwad. Second, both parties mutually agree because of the advantages determined during the negotiation stage. Third, the amount of profit agreed upon by the parties is evident.