Society is interested in Islamic micro finance

institution towards its products, one of those

product is murabahah payment. Murabahah is the
process of goods selling-buying based on the
original price plus profit that has been agreed by all
parties. The characteristic of murabahah is the seller
must inform the buyer about original price and profit
that is received.
 This murabahah product is the payment product which
uses Micro Finance Institution as the mediation between
both of the parties including customer and supplier. It
means that if customers want to buy goods from
developer but they do not have money to buy it, Micro
Finance Institution helps them by buying the goods from
supplier and selling it to customer. The price is considered
by original price with layaway payment method plus the
profit of Micro Finance Institution which has been decided
by two parties before selling-buying process.

 Although there are many sources about selling, buying,

profit, loss, and trade, Al-Qur’an has never discussed
about murabahah directly. In addition, hadist does not
give reference about murabahah directly too. However, in
fiqh holy books, there is a little discussion about
murabahah in selling-buying materials. In Al-Umm Holy
Book, Imam Syafi’i named this kind of transaction as Al
Amir Bisysyira.
However, most of syariah banking in Indonesia applies
murabahah which is very trusted selling-buying type. In
contrast, the application of murabahah is modified than
the basic concept in classic fiqh muamalah. There is no
problem if the modification is suitable with the basic
principle of Islam, but some of modification modes are
debatable because it just has purpose to fulfill juridical
formality as the effectiveness and efficiency of banking
administration. Murabahah payment needs dhomman
(collateral), because murabahah payment has layaway
payment system, it means that the responsibility which
must be paid by musytari (buyer).This collateral
(dhommah) is the carefully principle of syariah
bank.This is the ideal transakction done by Syariah
banking.
 KSPPS Baitul Maal Wat Tamwil Peta (BMT) is a Micro
Finance Institution which is operated by system based
on Islamic principle. BMT is an institution which
collaborate two activities, those are Baitul Maal (Social
and Religious Mission Activities) and Baitul Tamwil
(Business Activity). It develops productive business by
motivating society in saving and distributing
productive cost. Besides, it also does social activities
by collecting social fund, such as zakat and
shodaqoh. Then, distribute it by employing the
society based on the right principle and
responsibility. One of these BMT choosen by writer as
objek of researc is BMT PETA Trenggalek.
 Then, based on the system management which is
delivered by Bapak Ahmad Ansori, He said that
before SA78, Mursyid ever said that “Next time, if
PETA can be managed well, it will have hospital,
school, bank, and petrol station. Then, big target
of BMT is 17 units in Indonesia or minimum,
there are 5 BMT units which one of those is
center BMT that will be built in Trenggalek. BMT’s
motto is “BMT is the house of muslim’s
economy”, as the monitoring and controlling, this
BMT is built in Indonesia.
 In this research, researcher wants to do research
about this agreement (akad) from legal maxim
point of view. As we know that almost all of ulama
acknowledge the importance of qawaid fiqhiyah in
syariah discussion (fiqh). Ulama take some
problems about fiqh and try to solve it by qawaaid
fiqhiyah. If the fiqh problem can be solved by fiqh
principle, those fiqh problems are belongs to the
principle of those kind of fiqh. By using general
quwaid fiqhiyah or fiqh principle, it will give
opportunity for people in mastering fiqh easily and
efficiently, it is easy to be understood if people
learn fiqh problem trough quwaid fiqhiyah. Quwaid
fiqhiyah is way to decide every problem which is
not discussed in Al-Qur’an and hadits., including
the general nash or ammiyah.

 Writer wants to apply this research in BMT PETA
Tulungagung because most of this BMT’s
members are the members of Thariqat. This case
is very unique because usually, thariqat members
have the high loyalty to their leader (Mursyid) so
it makes the management of controlling and
evaluating to the customers easier, for example
the late of paying. Moreover, by having thareqat
members as the customers, this BMT can hold on
the Islamic principles as the real principle of their
management.
 How is the principle of Akad Hybrid
murabaha bil wakalah based on fiqh point of
view?
 How are the effects of social fiqh if this
agreement (akad) is not applied well in the
members of thareqat in Persyarikatan Agung
(PETA)?
 How is the comprehensive solution which can
be applied by Islamic micro finance
institution and society as customer to
complete akad murabahah bil wakalah?
 The purpose of this study is analyzing Fiqh Legal
Maxim of akad murabahah bil wakalah, based on
the temporarily analysis, writer doubts with akad
murabahah bin wakalah so if this akad is
continued, it will change akad which has been
suitable with Islamic become usury.
 Second is giving guidelines for BMT and society
so that the transactions are really allowed by
Islam. So, BMT does not feel doubt again in doing
and marketing murabahah bin wakalah products
to customer and society because they are sure
that the transactions are really suitable with
Islamic principle.
 Third is as science discussion, especially for
students in, Islamic banking department, and
generally for everyone who is interested in
understand deeply problems which have
relationship with murabahah bin wakalah in
Islamic finance institution.
 This research has benefit to analyze akad from
qawaid fiqhiyah, so people can analyze fatwa
about akad murabahah bin wakalah more
comprehensively and widely. So, if people want
to know legal maxim and social condition in
Indonesia, the possibility of this guidance in
Indonesia is different with other countries. This
research is needed to give guideline for banking
regulator in Indonesia, banking world, BMT, and
society wisely about akad murabahah bin
wakalah (as akad which is the most used in
Indonesia) whether it has been suitable with
Islamic principle or not yet.
 MURABAHAH BIL WAKALAH FINANCING

 Financing is funding given to consumer to

support investment that has been planned by
personal or institution. In addition, financing
is funding of banking/non banking based on
Islamic principle and accounting standard of
Islamic banking to support investment which
has been planned
 The elements of funding are as follow:
Two parties, both of the parties are funding sources
(shahibul maal) and receiver (mudharib). The belief
shahibul maal to mudharib is based on achievement
(mudharib potential).
Agreement, the agreement of shahibul maal and
another party who promise to pay from mudharib to
shahibul maal.
 Giving and receiving goods, service, or money from
shahibul maal to mudharib.
 Duration of time.
 Risk from two parties.
 Ahamad Djazuli, Lembaga Perekonomian Umat
(Jakarta; Grafindo Persada, 2002 PAGE 78
 In the process of selling-buying transaction
between buyer (customer) and selling (bank),
bank buy goods that is needed by customer
(based on qualification from customer) then sells
to the customer by adding profit in deciding the
price. This transaction mechanism shows us that
bank is not only as financial sector but also real
sector. However, based on constitution, bank is
the institution that can operate in financial
sector. So, if this selling-buying transaction
would like to be applied in Islamic banking, it is
needed supplies instrument, named wakalah.
 Requirements and Mechanism
 A,Based on Monzer Khaft, explained that hybrid contract
murabahah is suitable with Islamic principle if it can fulfill some
factors as follow:
 B,Bank has real goods although in very short duration of time.
 Bank has obligation during the goods still belongs to the bank. Bank
is not only as source of equity but also as the owner of goods.
 C,There are some points in this transaction, such as instruction to
buy, appointment to buy, contract agency, and two selling contracts.
 D,There is a real goods that given from a party to another.
 E,The amount of financing must less than cost and added by profit.
 Paying re-schedule for increasing and discount is not allowed, so
there is no accumulation or debt.
 F,For bank, transaction is started by cash and completed by
receiving money.
 G, Murabahah, creating debt for customer similar with conventional
bank. Murabahah debt obeys every rule in collateral, mortgage, and
steps of other fail paying risks.
 
The purpose of murabahah bil wakalah is used to
defray people who want to be entrepreneurs, enlarge
their business, and consumptive funding, such as
building, land, shop, car, motorcycle, etc. Marghinani
said that murabahah bil wakalah is done to keep
consumers from dishonest seller because consumers
do not have ability in selling-buying transaction
 Bank considers customers as bank agency.
 Customers as bank agencies, they buy goods
as materials for producing by using the name
of bank and before the funding is paid, the
holder of goods belonging certificate is bank.
 The price of goods or materials for producing
from bank to customer is original price plus
bank’s profit.
 Customers buy goods or materials for
producing and pay it on the certain time
(based on the agreement)
 Literature review is materials that are written,
such as book or journal which discuss
materials about research topic. Literature
review helps researcher to find out ideas,
opinions, and critics about topic that has
been built and analyzed by expert in the
previous time.

 Its Devided to be three parts :

 1. The research of Mangku Bahjatullah, Lc
discussed about murabahah concept in fiqh
analysis and its application in Islamic
banking. This research has purpose to collect
information in detail about murabahah
concept in fiqh analysis and the real
application in Islamic banking. Fiqh principles
in this research are used as reference to
decide the validity of murabahah concept in
Islamic Banking.
 2. research by Edendi stated about the application of
akad murabahah bil wakalah which is merged
becomes one akad. This research is analyzed from
juridical normative about the validity of merging
those agreements (akad). The result of the research
stated that the application of akad murabahah bil
wakalah in a clause akad in BMT Khonsa Cilacap has
not done appropriately with the principles and
characteristics of akad murabahah bil wakalah in
akad theory and fatwa number: 4/DSN-MUI/IV/2000
about murabahah. Then, the merging murabahah
gives effect in unclear and uncertain akad that bring
the transaction in gharar and ribawi, so avoiding the
effect of merging akad murabahah bil wakalah, it
should be akad which stands by itself
 3. research by Marwini that discuss about
financing of KPR to BTN Syariah which 95% more
is dominated by akad murabahah bil wakalah.
That research is evaluative research which is
descriptive research to find out cause and effect
by analyzing the application of financing KPR and
method to determine murabahah margin profit.
The result of that research is the murabahah
financing mechanism of Islamic KPR BTN
Yogyakarta has been suitable with the principle
and characteristic of akad murabahah
 4. research by Yassar Widianto, this research is about the
application of akad murabahah bil wakalah in Islamic BRI
in Kudus, Central Java. This research uses qualitative
approach, it aims to understand how is the application of
akad murabahah bil wakalah in Islamic Banking. Besides,
this research is also has purpose to know the differences
between practice and theory in akad murabahah bil
wakalah of Islamic bank.
Based on the result of this research, in theory, akad
murabahah bil wakalah which is done by Islamic BRI in
Kudus in doing micro business financing is appropriate
with Islamic principle if the bank does akad wakalah first
then akad murabahah is done after the goods have been
belong to the bank. This research is explained clearly
about the application of murabahah bil wakalah financing
transaction.
 5.The next research is from Azziaftur Rafiah, this
research discuss the application of Murabahah Bil
Wakalah in LKS ASRI Sendang in funding to cow
breeders. In this research, writer conducts the
research in the application of akad murabahah bil
wakalah and the cause of the application of this
akad to cow breeders if compared with akad
murabahah and musyakarah. In this case, this
research gives a description about the reason of
using this akad is allowed because of the certain
cases. People can understand that society, who
most of them are breeders feel difficulties if
murabahah or musyakarah principle must be
done to them.
 1. research by M. Atho Mudzar entitled Revitalization
Maqasid al syari’ah in the development of Islamic Economy
in Indonesia, (Case study of DSN-MUI guidance in 2000-
2006). This research was done in 2013, it had found that
in 50 from 53 DSN-MUI guidance was included fiqh law,
although it had been completed by Al-Qur’an, hadits,
ijma’’, and qiyas. The fiqh laws used are 11 kinds. In a
guideline, it must include at least a law and maximum 5
laws. The total frequency of using fiqh law is 134 time, it
means that every guideline use 2,5 fiqh law. The most fiqh
law used is all of laws about the relationship among
people are allowed before prohibition from other law. This
general law is often used without consider other specific
low so DSN-MUI guideline is like permitable, liberal, and
weak argument although it can be received. Although this
research is the way to continue the research above, but it
has difference in the object of guideline, the period of
time, then the discussion of theory about fiqh and human
relationship law are taken from al-Asybhah wa AL-Nazair
Imam Sayuthi, Majallah Al-Ahkam Al-Adliyyah, and
Mausu’ah Al-Qawaid Al-Fiqqiyah, analysis of fiqh law
guideline and data explanation
 2. Research of Abbas Arfan entitled “Optimize Fiqh
Muamalah Adopted Principles in the Rule of Islamic
Economy Compilation.” This study finds out that the
adoption of fiqh muamalah principles in KHES is not
significant and has not been optimum, because the
amount of explicit adoption is just 7 principles or 0,88%.
However, the amount of implicit adoption reaches 24
principles or 24,24%, from 99 fiqh muamalah principles in
majallah with 24 deductive article amount, only 149 from
790 articles or 18,86%. So, fiqh muamalah adoption
principles in KHES is optimum, if in “Majallah”, there are 99
fiqh muamalah principles adopted explicitly or at least
adopt the principles idea from 21 principles theme. The
difference between this thesis and the previous research is
the research object. In the previous research, the research
object is KHES. However, the research object in this
research is DSN MUI guidance in period of time 2013-
2015
 3. the dissertation by Abdul Mun”im Saleh (2007) IAIN Ampel
Surabaya entitled: INDUCTIVE FIQH AND LOGICAL: Al-Qawaid Al-
Fiqhiyyah discussion in inductive perspective. This dissertation
aims to find out the meaning of fiqh principle and the history of
Islamic point of view. The discussion of that dissertation is the
history of the idea in using inductive logical which the result is
al-Qawaid al-Fiqhiyyah that is very useful for the rule
development. The rule in al-Qawaid al-Fiqhiyyah builds principle
and rule that guide knowledge development, those are fiqh. As
the result of induction, the function of al-Qawaid al-Fiqhiyyah in
making prediction about new case has not absolute fact but it
just the probability. The evidence is it can be applied just for the
majority (aghlabiyah) case. The development of Islamic rule
needs induction with result because it has to pay attention both
of about Islam obligation and the preparation to face new case
will arouse in another side
 4. the dissertation of Abdul Haris in 2014 UIN Sunan
Ampel Surabaya, entitled: The Implementation of
Taghayyur al-Ahkam in East Java Boarding School.
This research discussed the existence of
Taghayyural-Ahkam rule in some boarding school in
East Java. The statement of problem in this research
is how is the boarding schools’ point of view about
Taghayyur al-Ahkam rule and how is the
implementation of that rule. From that research, the
conclusion is the existence of Taghayyur al-Ahkam
rule is a must/ will (keniscayaan). However, the rule
can not be used for all of Islam rules. That rule just
be applied in rules which have zanniyah furu’iyyah,
ijtihadiyyah, ‘aqliyah, ‘urfiyyah, dan ikhtilafiyyah
character
 6. the research by M. Sulhan Jauhari, Thesis in
2013 IAIN Sunan Ampel Surabaya entitle:
Implication of Maa Haruma Akhdhuhu Haaruma
I’tha’uhu fiqh rule. This thesis discussed the
correlation and impact of Maa Haruma Akhdhuhu
Haruma I’tha’uhu rule towards contemporary
knowledge, such as rule of container from golden
and silver, silk for man, special animals like dog
and pig, music instruments, khamr and
prostitution, bribe cases, and the wages for
telling fortunes
 Thesis in 2012 by Misbahuzzulam IAIN Sunan
Ampel Surabaya entitled: The Implication of
al-Maysuur laa Yasqut bi al- Ma’suur fiqh
towards pray. This thesis discussed about the
legality of alMaysuur laa Yasqut bi al-Ma’suur
towards all kinds of prays and the
implementation of this rule towards muslim.
,
 In the relationship with BMT PETA Trenggalek,
writer finds two researches which have relation
with murabahah transaction in this BMT, those
are research which is done by Nining Fitriyatul
Badriyah in the thesis entitled The role of BMT
through murabahah payment in agriculture
sector to increase the income of KSPPS BMT PETA
members. This research used qualitative with
study case method, the analysis technique used
was qualitative data analysis. The data collection
techniques used was observation, interview, and
documentation.
 The result of research: Murabahah financing
is the excellence program in KSPPS BMT Peta,
the system used is KSPPS BMT Peta buys
agriculture goods, such as seeds, fertilize,
and everything that are needed by farmer,
before BMT members come, they have known
the price of goods that will be brought.
 Next, the research by Pipit Rizki Ananda by the
title “The Account Officer Role in Minimizing
Financing Problems Happen in BMT PETA
Trenggalek”, the results are as follow:
 (1) The roles of account officer in analyzing
financing demand are as follow:
 a. 5C analyzing, those are: Character, Capital,
Capacity, Collateral, Conditional
 b. Supervising is done to save financing given to
customers by checking customer bank
reconciliation and customers home visiting.
 (2) Account Officer’s strategy to minimize problems is as
follow:

 a. Rescheduling program, reschedule layaway duration and

minimize layaway amount.
 b. Giving somasi when customers do not pay layaway
during 3 months, somasi will be given until next 3 weeks
 c. Taking collateral
 From two researches above, it can be concluded that
research that will be discussed by writer is different with
previous researches because writer will discuss legal
maxim from murabahah bil wakalah that is applied in BMT
PETA Trenggalek.


 In Islam, there are some types of akad, such as sahih
(true), ghairu shahih legally (not true), batil (not
important), and fasad (broken). The valid akad is true
akad based on islam which has true components and
characteristics and there is no forbidden part in
Islamic law.
 In collecting and distributing fund, making
agreement (akad) with the rule of Indonesia Banking
is a must. It is based on PBI No: 7/46/PBI/2005 about
Agreement of Collecting and Distributing Fund for
Bank which apply the process based on Islamic
principle.
 Valid agreement (akad) will arouse strong relation of
law to give right and obligation for the makers of the
agreement. So, the valid agreement (akad) must fulfill
requirements and essential principles.
 Research Time and Place

 In this research, observation will be done at

BMT Peta Trenggalek. Duration of time
needed in this research observation begin
before do research, means that understand a
glance about BMT Peta Trenggalek until this
research has considered complete.


 (2) Account Officer’s strategy to minimize problems is as
follow:

 a. Rescheduling program, reschedule layaway duration and

minimize layaway amount.
 b. Giving somasi when customers do not pay layaway
during 3 months, somasi will be given until next 3 weeks
 c. Taking collateral
 From two researches above, it can be concluded that
research that will be discussed by writer is different with
previous researches because writer will discuss legal
maxim from murabahah bil wakalah that is applied in BMT
PETA Trenggalek.

 (2) Account Officer’s strategy to minimize problems is as
follow:

 a. Rescheduling program, reschedule layaway duration and

minimize layaway amount.
 b. Giving somasi when customers do not pay layaway
during 3 months, somasi will be given until next 3 weeks
 c. Taking collateral
 From two researches above, it can be concluded that
research that will be discussed by writer is different with
previous researches because writer will discuss legal
maxim from murabahah bil wakalah that is applied in BMT
PETA Trenggalek.

 (Observation

Observation is collecting data technique

directly in the place of research. The first
process is identifying research
place/location/setting. After that, it is
continued by mapping, so writer get the
general description about research objective.
Then, researcher identifies who/what will be
observed, when, how long, and how.

 1. Participation Observation, if observer takes
a part or has a role in activities observed.
Participation observation is often used in
explorative research

2. Non-Participation Observation, if observer

does not take a part in doing activity
observed. The advantage of Non-Participation
observation is observer can observe and
record in detail about the activity observed.
 3. Kuasi-Participation Observation, if
observer takes a little part for the activity
observed. It means that observer just do a
little role in doing activity observed. This type
is the solution of each observation problem
and observer can utilize the advantages from
both of observations.

 There are some parties that will be interviewed:

A. BMT PETA Administration: This department is

observed because observer aims to get
percentage of murabahah customer from all of
financing customer in BMT PETA Tulungagung.
Moreover, observer also wants to know the
history of BMT PETA and follow its development.
In addition, from administration department,
observer knows the discipline of customer in
murabahah bil wakalah financing.
B.Account Officer : This department is observed to
get data about the way to survey, claim to
customer, do akad murabahah bil wakalah
transaction, minimize customer problems in akad
murabahah bil wakalah.

C. Customer: This department is observed to get

data about their reasons in using akad
murabahab bil wakalah, how far customers are
sure about the appropriate of the akad with Islam
rule, how they keep the BMT trusty to them, and
how they can pay the layaway every month based
on the agreement.
 The data analysis from the data collection is as follow:
 A.Data Reduction: Reduction means make a summary by
choosing the important information from data collection,
find out the theme and the pattern. It aims that data which
has been chose will show the clear description, it will make
observer easier in collecting next data and finding it again
if needed.
 B.Data Collection: Data collected will be arranged in
narration form so the information has meaning and
appropriate with research problems.
 C. Data Display: Data interpretation is interpret what the
information that has been interpreted by research objects
toward the problems observed.
 D.Conclusion Drawing/Verification: Conclusion drawing
based on the narration arranged in the third step, so it will
answer the research problem.
 E. Evaluation: Verification of analysis data result with
research object based on the conclusion in the fourth step.
This step is done to avoid the mistake in interpreting data
from interview result with the research objects that can
blur the focus of the research.
 The explanation of chapters and sub-chapter
above are as follow:

Chapter 1 is introduction which will be described

in background of study. This part includes
research argument about choosing the materials
of the research. Then, research problem, it is the
question that can be answered by doing this
research. Next are purpose and significant of
study, references, framework theory, research
method, and discussion
 Chapter 2, it is the general discussion of solving
problems in wakalah wal murabahah financing.
Moreover, it also explains about funding with
akad wakalah and murabahah. Then, explain
about general description of fiqh legal maxim as
approach in this research.

 Chapter 3 is the description about wakalah wal

murabahah in BMT Peta Trenggalek. Then discuss
about the process of Murabahah Bil Wakalah
financing at BMT Peta Trenggalek.
 (2) Account Officer’s strategy to minimize problems is as
follow:

 a. Rescheduling program, reschedule layaway duration and

minimize layaway amount.
 b. Giving somasi when customers do not pay layaway
during 3 months, somasi will be given until next 3 weeks
 c. Taking collateral
 From two researches above, it can be concluded that
research that will be discussed by writer is different with
previous researches because writer will discuss legal
maxim from murabahah bil wakalah that is applied in BMT
PETA Trenggalek.

 Chapter 4, the content of this chapter is
juridical analysis about the problem solving
of murabahah bin wakalah financing in BMT
Peta Trenggalek from Fiqh Legal Maxim point
of view. In this chapter, murabahah bil
wakalah financing analysis at BMT Peta
Trenggalek and the solving of wakalah wal
murabahah problem at BMT Peta Trenggalek
by using fiqh legal maxim approach.

 Chapter V is Closing. This chapter includes
conclusion as the answer of the basic
problem from research analysis so researcher
finds the result as the purpose of this
research. This chapter includes suggestion
for parties who give contribution for this
research and also parties who will utilize this
research.