CRITICAL STUDY OF NATIONAL SHARIA COUNCIL FATWAS RELATED TO BUYBACK TRANSACTIONS ON GOLD SAVINGS PRODUCTS

Authors

  • Suci Fitria Ningsih Suci Fitria Ningsih, Firdaus Achmad, Nur Hakimah
  • Firdaus Ahmad Institut Agama Islam Negeri Pontianak
  • Nur Hakimah Institut Agama Islam Negeri Pontianak

DOI:

https://doi.org/10.18326/jil.v4i2.970

Keywords:

Buyback, Gold Savings, Sharia Pawnshop, National Sharia Council Fatwa of the Indonesian Ulema Council

Abstract

This research aims to understand the buyback transactions on gold savings at Pawnshop Sharia CPS Ayani Pontianak and to comprehend the compliance of buyback transactions on gold savings at Pawnshop Sharia CPS Ayani Pontianak with the provisions of the DSN-MUI Fatwa No.04 of 2000 and the DSN-MUI Fatwa of 2017. This study falls under normative-empirical research with a qualitative method and a descriptive approach. The data sources include primary data from interviews with staff and customers, and secondary data from the DSN-MUI Fatwa No. 04 of 2000 on Murabahah and the DSN-MUI Fatwa No.111 of 2017 on Murabahah Agreement. Data collection techniques involve observation, interviews, and documentation. The data analysis is conducted through data collection, data reduction, data presentation, and drawing conclusions. The authenticity of the data is examined through triangulation and member checking. The results of this research indicate three conclusions: 1) Buyback transactions on gold savings products at Pawnshop Sharia CPS Ayani are inclined to follow the pattern of "sell, without printing, buy"; 2) Gold savings and buyback on gold savings do not fully meet the conditions of the murabahah contract, thus it is more appropriately described as a sales contract rather than a murabahah contract; 3) Gold savings and buyback on gold savings products at Pawnshop Sharia CPS Ayani Pontianak still do not comply with the DSN-MUI Fatwa No. 04 of 2000, the DSN-MUI Fatwa No. 111 of 2017, and the Opinion of DPS No.4 of 2015, potentially causing uncertainty (garar).

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Published

2023-12-15

How to Cite

Fitria Ningsih, S., Firdaus Ahmad, & Nur Hakimah. (2023). CRITICAL STUDY OF NATIONAL SHARIA COUNCIL FATWAS RELATED TO BUYBACK TRANSACTIONS ON GOLD SAVINGS PRODUCTS. JIL : Journal of Indonesian Law, 4(2), 143–172. https://doi.org/10.18326/jil.v4i2.970