Prinsip-prinsip Dasar Ekonomi Syariah

Foto: Media Indonesia

Foto: Media Indonesia

Tiga dekade yang lalu, Bank Syariah sebagai representasi keuangan Islam, belum dikenal oleh masyarakat. Kini sistem keuangan syariah telah beroperasi di lebih dari 55 negara yang pasarnya tengah bangkit dan berkembang (Lewis dan Algaoud, 2007).

Meskipun pemikiran ekonomi syariah baru muncul beberapa tahun terakhir ini di negara-negara muslim, namun ide-ide tentang ekonomi Islam dapat dirunut dalam Alquran yang di turunkan pada abad ke-7.

Makna harfiah syari’ah adalah “jalan menuju mata air”, dan dalam pengertian teknis berarti sistem hukum dan aturan perilaku yang sesuai dengan Alquran dan Hadist, seperti yang dituntunkan oleh Rasulullah Muhammad SAW. Oleh karena itu, kaum muslim tidak dapat memilah perilaku mereka ke dalam dimensi religius dan dimensi sekuler. Selain itu, tindakan mereka harus selalu mengikuti syariah sebagai hukum Islam.

Adapun prinsip-prinsip keuangan syariah meliputi:

  1. Riba
    Riba secara bahasa bermakna ziyadah (tambahan). Sedangkan menurut istilah teknis riba berarti pengambilan dari harta pokok atau modal secara batil (Antonio, 1999). Ada beberapa pendapat dalam menjelaskan riba. Namun secara umum terdapat benang merah yang menegaskan bahwa riba adalah pengambilan tambahan, baik dalam transaksi jual beli maupun pinjam-meminjam secara batil atau bertentangan dengan prinsip muamalah dalam Islam.
    Secara garis besar, riba dikelompokkan menjadi dua. Masing-masing adalah riba utang-piutang dan riba jual beli. Kelompok pertama terbagi lagi menjadi riba qardh dan riba jahiliyyah. Adapun kelompok kedua, riba jual beli terbagi lagi menjadi riba fadhl dan riba nasiah.
    Riba Qardh adalah suatu manfaat atau tingkat kelebihan tertentu yang disyaratkan terhadap yang berhutang. Riba Jahiliyyah adalah utang yang dibayar lebih dari pokoknya karena si peminjam tidak mampu membayar utang pada waktu yang telah ditetapkan.
    Riba Fadhl adalah pertukaran antar barang sejenis dengan kadar atau takaran berbeda, sedangkan barang yang dipertukarkan itu termasuk dalam jenis barang ribawi. Riba Nasi’ah adalah penangguhan penyerahan atau penerimaan jenis barang ribawi yang dipertukarkan dengan jenis barang ribawi lainnya. Riba nasi’ah muncul karena adanya perbedaan, perubahan, atau penambahan antara yang diserahkan saat ini dan yang diserahkan kemudian.
  2. Zakat
    Zakat merupakan instrumen keadilan dan kesetaraan dalam Islam. Keadilan dan kesetaraan berarti setiap orang harus memiliki peluang yang sama dan tidak berarti bahwa mereka harus sama-sama miskin atau sama-sama kaya.
    Negara Islam wajib menjamin terpenuhinya kebutuhan minimal warga negaranya, dalam bentuk sandang, pangan, papan, perawatan kesehatan dan pendidikan (QS. 58:11). Tujuan utamanya adalah untuk menjembatani perbedaan sosial dalam masyarakat dan agar kaum muslimin mampu menjalani kehidupan sosial dan material yang bermartabat dan memuaskan.
  3. Haram
    Sesuatu yang diharamkan adalah sesuatu yang dilarang oleh Allah sesuai yang telah diajarkan dalam Alquran dan Hadist. Oleh karena itu, untuk memastikan bahwa praktek dan aktivitas keuangan syariah tidak bertentangan dengan hukum Islam, maka diharapkan lembaga keuangan syariah membentuk Dewan Penyelia Agama atau Dewan Syariah. Dewan ini beranggotakan  para ahli hukum Islam yang bertindak sebagai auditor dan penasihat syariah yang independen.
    Aturan tegas mengenai investasi beretika harus dijalankan.  Oleh karena itu lembaga keuangan syariah tidak boleh mendanai aktivitas atau item yang haram, seperti perdagangan minuman keras, obat-obatan terlarang atau daging babi. Selain itu, lembaga keuangan syariah juga didorong untuk memprioritaskan produksi barang-barang primer untuk memenuhi kebutuhan umat manusia.
  4. Gharar dan Maysir
    Alquran melarang secara tegas segala bentuk perjudian (QS. 5:90-91). Alquran menggunakan kata maysir untuk perjudian, berasal dari kata usr (kemudahan dan kesenangan): penjudi berusaha mengumpulkan harta tanpa kerja dan saat ini istilah itu diterapkan secara umum pada semua bentuk aktivitas judi.
    Selain mengharamkan judi, Islam juga mengharamkan setiap aktivitas bisnis yang mengandung unsur judi. Hukum Islam menetapkan bahwa demi kepentingan transaksi yang adil dan etis, pengayaan diri melalui permainan judi harus dilarang.
    Islam juga melarang transaksi ekonomi yang melibatkan unsur spekulasi, gharar (secara harfiah berarti “resiko). Apabila riba dan maysir dilarang dalam Alquran, maka gharar dilarang dalam beberapa hadis. Menurut istilah bisnis, gharar artinya menjalankan suatu usaha tanpa pengetahuan yang jelas, atau menjalankan transaksi dengan resiko yang berlebihan. Jika unsur ketidakpastian tersebut tidak terlalu besar dan tidak terhindarkan, maka Islam membolehkannya (Algaoud dan Lewis, 2007).
  5. Takaful
    Takaful adalah kata benda yang berasal dari kata kerja bahasa arab kafala, yang berarti memperhatikan kebutuhan seseorang. Kata ini mengacu pada suatu praktik ketika para partisipan suatu kelompok sepakat untuk bersama-sama menjamin diri mereka sendiri terhadap kerugian atau kerusakan. Jika ada anggota partisipan ditimpa malapetaka atau bencana, ia akan menerima manfaat finansial dari dana sebagaimana ditetapkan dalam kontrak asuransi untuk membantu menutup kerugian atau kerusakan tersebut (Algaoud dan Lewis, 2007).
    Pada hakikatnya, konsep takaful didasarkan pada rasa solidaritas, responsibilitas, dan persaudaraan antara para anggota yang bersepakat untuk bersama-sama menanggung kerugian tertentu yang dibayarkan dari aset yang telah ditetapkan. Dengan demikian, praktek ini sesuai dengan apa yang disebut dalam konteks yang berbeda sebagai asuransi bersama (mutual insurance), karena para anggotanya menjadi penjamin (insurer) dan juga yang terjamin (insured).

    Prinsip Bagi Hasil

    Gagasan dasar sistem keuangan Islam secara sederhana didasarkan pada adanya bagi hasil (profit and loss sharing). Menurut hukum perniagaan Islam, kemitraan dan semua bentuk organisasi bisnis didirikan dengan tujuan pembagian keuntungan melalui partisipasi bersama.  Mudharabah dan musyarakah adalah dua model bagi hasil yang lebih disukai dalam hukum Islam.

    Mudharabah (Investasi)

    Mudharabah dipahami sebagai kontrak antara paling sedikit dua pihak, yaitu pemilik modal (shahib al mal atau rabb al mal) yang mempercayakan sejumlah dana kepada pihak lain, dalam hal ini pengusaha (mudharib) untuk menjalankan suatu aktivitas atau usaha. Dalam mudharabah, pemilik modal tidak mendapat peran dalam manajemen. Jadi mudharabah adalah kontrak bagi hasil yang akan memberi pemodal suatu bagian tertentu dari keuntungan/kerugian proyek yang mereka biayai. (Algaoud dan Lewis, 2007)

    Musyarakah (Kemitraan)

    Musyarakah adalah akad kerjasama antara dua belah pihak  atau lebih untuk suatu usaha tertentu yang masing-masing pihak memberikan kontribusi dana dengan kesepakatan bahwa keuntungan dan resiko akan ditanggung bersama sesuai dengan kesepakatan.

    Disadur dari Tapak-Tapak Ekonomi Syariah oleh Oktofa Yudha Sudrajad

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    24. Felipe said:

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    25. Pingback: EKONOMI SYARIAH | santikadamayanti

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    31. Ekonomi Syariah said:

      Hadeh, pusing juga dapat PR tentang berbagai macam istilah ekonomi syariah. Ternyata nemu di sini.

      Saya mohon izin kutip beberapa kalimat ya tuk tambahan materi kuliah saya.

      Syukron.

    32. liwa kartina said:

      Ada buku mengenai ekonomi syariah yang aplikatif untuk setiap muslim. “Harta Haram Muamalat Kontemporer” DR. Erwandi Tarmizi, MA. Sangat perlu dibaca kalau kita benar-benar ini menjalankan mamalat kita sesuai syariat. Allahu ‘alam

    33. syaifullah said:

      Assalamualaikum wr. wb.

      saya penasaran bagaimana teknisnya dalam sistem ekonomi sekarang Bank Syariah bisa tetap syariah?
      sistem ekonomi yang ada sekarang yaitu sistem ekonomi kapitalis berdasar atas sistem yang tidak stabil dan penuh unsur gambling selalu berubah-ubah akibat dengan adanya yang kita tahu ‘pasar saham’ atau ya pasar uang bisa saya sebut. yang jadi masalah setahu saya Bank2 syariah juga bermain di pasar saham ini dengan harga sahamnya juga berubah-ubah.

      Bisakah tetap syariah dalam suatu sistem yang non-syariah sedangkan ‘sulur-sulur kita terhubung dengan sulur-sulur mereka’?

      apakah kita mengharapkan dengan sistem ini kita mau merubah sistem existing dari dalam? apakah nanti tidak seperti menaruh setetes air murni ke dalam lautan air asin…jadinya ya asin juga kitanya?

      mohon pencerahan dan diskusinya…

      jazak…
      Syaifullah

    34. Pingback: Ekonomi Syariah ? Kenapa tidak !!! « Realita Kehidupan

    35. mentari said:

      asw.
      saya mau bertanya, apakah jualan pulsa elektrik(tanpa downline), keuntungannya masuk ke dalam riba?
      sebab ada yang berpendapat spt itu
      mohon dijawab
      trims

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