APPLICATION OF THE PRINCIPLE OF PROHIBITION OF "MAGRIB: MAYSIR, GHARAR AND RIBA" IN FINANCING IN NON-HALAL BUSINESS FIELDS

Abstract

Sharia banking is a type of banking that refers to Sharia principles, which are in accordance with Islamic teachings. type of financing carried out, using the murabahah type of contract in business capital financing activities. The aim of this research is to determine and analyze the application of "maghrib: maysir, gharar, and usury" in business capital financing activities by Sharia banks, and to determine legal certainty in financing small and medium enterprises operating in the non-halal business sector. The method used in this research is normative juridical, using the statutory regulatory approach, books, journals, research results, observation methods and interview methods. The results of this research show that there is financing outside the mechanism and resulting in "maghrib: masyir, gharar and usury" in the form of financing. This is not in accordance with DSN-MUI Fatwa Number 4 of 2000 concerning Murabahah Law Number 21 of 2008 concerning Sharia Banking.