American Journal of Economic and Management Business
Vol. 2 No. 1 January 2023
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and improving the Muslim community (Badruzaman, 2019); (Budisantoso & Triandaru,
2005). The rapid development of Islamic banking institutions in Indonesia is marked by
the emergence of sharia-based banks, both commercial banks and BPRs, because
Islamic banks have several characteristics in common (Abdul Karim, 2010). One of its
main characteristics is the concept that is directed at togetherness. It is this cohesion that
makes Islamic banking appear as an alternative to the interest system (developed by
conventional banks) which has the nuances of usury where riba is prohibited in Islam
while buying and selling is permitted (Anshari, 2018). Riba is not only a problem within
the Muslim community, many non-Muslim groups also take usury seriously (Karim,
2018).
The main difference between Islamic banking and conventional banking is the
prohibition of usury (interest) in Islamic banking (Rivai et al., 2013). To avoid paying
and receiving interest or interest, Islamic Banks use several mechanisms in their
financing, including the mechanism of buying and selling based on margin (al-bay) and
profit and loss sharing and profitable investment (Sumitro, 1997). Islam is a religion
with comprehensive teachings covering all aspects of life, including economic
development and banking as its driving force. In Islam, humans are Allah's caliphs on
earth and at the same time "abd Allah SWT". Therefore, Allah also sent His Messenger
to guide His servants to provide everything that humans need, including faith, morals
and sharia. The elements of faith and morality are fixed and do not change, even though
there are differences in place and time. The components of sharia are constantly
changing according to the needs of the ummah and the level of civilization where the
messenger was sent. Rasulullah SAW revealed this fact in a hadith which means: "I and
the other Messengers are like cousins, their shari'ah are different (many) but the religion
(aqidah) is one (namely monotheism of Allah).
Islamic law is not only comprehensive, but also universal. These special qualities
are absolutely necessary because no other Sharia will fix them. Comprehensive means
covering all aspects of life, both ritual (worship) and social (mamalah). Worship is
needed to maintain obedience and harmonization of Hablum Minallah and to constantly
remind humans of their responsibilities as caliphs on earth (QS. Al-Baqarah: 30).
Universal means broad/general/common and can be applied anytime, anywhere to the
end. This universality is especially evident in the Muamalah area. The internal nature of
Muamalah is made possible because in Islam, for example, there is thawabit wa
mutaqoyyirat, in the basic principles of economics there is a prohibition of usury, the
principle of profit sharing, the principle of profit-taking, coercion, zakat and others.
The etymological definition of usury (language) means ziyadah (additional
amount). Meanwhile, the terminology (term) usury means taking excess assets (capital)
from waste (HM. Syafi'I Antonio, 2010). In general, usury is an increase in debt. That
means: any additional debt, whether qualitative or quantitative, whether large or small,
is counted as usury, which is prohibited. This is based on the Word of Allah in Surah
An-Nisa': 29. What is meant by vanity in this paragraph is taking additional capital
without any compensation justified by sharia law (HM. Syafi'I Antonio, 2010). Broadly
speaking, there are two kinds of usury, namely debt usury and buying and selling usury:
1. Riba payables are divided into two parts, namely:
a. Riba Qardh, namely interest or certain excess (muqtaridh) requested by the
debtor.
b. Riba Jahiliyah ie. interest is paid higher than the principal amount because the
borrower is unable to repay the debt at the agreed time.