ANALYSIS OF MUDHARABAH CONTRACTS IN SHARIA BANKING

This article aims to analyze Mudharabah contracts in Islamic Banking. Theories related to this article include Mudharabah, Mudharabah Legal Basis, Characteristics, Pillars and Terms, and Distribution of Mudharabah. The method used in this research is a literature study results of this article.


2.2.Legal Foundation
Mudharabahbased on the laws contained in the Al-Qur'an, Hadith, and Ijma' scholars. Among the arguments that allow the practice of Mudharabah contracts are as follows: Al-Qur'an : "...and from those who walk the earth looking for some of Allah SWT's gifts..." , from this verse it is explained that as a human being who lives where, then may he always seek rizki (God's gift) by bermuamalah, one of which is the cooperation between human beings. In the Al-Qur'an, including this verse, there is no explicit explanation regarding the implementation of mudharabah, but it can be concluded that cooperation in mudharabah is permissible.
"When the prayers have been performed, then scatter you on the face of the earth and seek the grace of Allah SWT..." (QS Al-Jumuah: 10) "There is no sin (obstacle) for you to seek the bounty of your Lord…"  Hadith : "It was narrated from Ibn Abbas Bin Abdul Muthalib that if he gives funds to his business partners in Mudharabah, he requires that the funds are not carried across the ocean, down dangerous valleys, or buying livestock. If it violates these rules, the person concerned is responsible for the funds. This condition was conveyed to Rasulullah SAW and he allowed it. (HR Thabrani) This hadith refers to the truth of Mudharabah transactions.
Ijma' Ulama: It was narrated that a number of friends made Mudharabah by using the orphan's assets as capital and none of them could refute or refuse. If a friend's practice of a deed is witnessed by another friend and no one disputes it, then this is ijma'.

2.3.Mudharabah characteristics
The characteristics of Mudharabah are as follows: 1. Mudharabahis a business cooperation contract between shahibul maal (fund owner) and mudharib (fund manager) with a profit sharing ratio according to an agreement in advance. 2. If the business suffers a loss, then all losses are borne by the owner of the funds, unless negligence or errors are found by the fund manager, such as misappropriation, fraud and misuse of funds. 3. Mudharabahconsists of two types, namely Mudharabah Muthlaqah (unrestricted investment) and Mudharabah Muqayyadah (committed investment). 4. Mudharabah Muthlaqahis Mudharabah where the fund owner gives freedom to the fund manager in managing the investment. 5. Mudharabah Muqayyadahis Mudharabah in which the owner of the fund provides limits to the fund manager regarding the place, method and object of investment. 6. Banks can act both as owners of funds and managers of funds. If the bank acts as the owner of the funds, the funds distributed are called mudharabah financing. If the bank is the fund manager, then the funds received: a. In mudharabah muqayyadah it is presented in the report on changes in restricted investment as a restricted investment from the customer; b. In mudharabah muthlaqah it is presented in the balance sheet as an unrestricted investment. 7. Refunds of mudharabah financing can be made simultaneously with the distribution of profit sharing or at the end of the mudharabah.
8. In principle, in mudharabah financing there is no guarantee, but so that the fund manager does not commit irregularities, the owner of the fund can request guarantees from the fund manager or a third party. This guarantee can only be disbursed if the fund manager is proven to have violated the things that have been mutually agreed upon in the contract.

3.CONCLUSION
Mudharabahcomes from the word darb, which means to hit or go. More precisely, hit or go is the process of a person taking a business trip. Mudharabah is a contract between two parties whereby one party, called a rab al-mal (investor), entrusts money to a second party, called a mudharib, for the purpose of running a trading business. (Saeed, 2004: 77). MudharabahToday it is the main vehicle for Islamic financial institutions to mobilize public funds and to provide various facilities, such as financing facilities for entrepreneurs. With this Mudharabah contract, it shows that Islamic banking is very important for entrepreneurs in supporting the sustainability of their business. However, there are still many people who do not know about this Mudharabah. Therefore, with this article, we will discuss the Mudharabah contract with the aim that the community can understand a little about the concept of the Mudharabah contract itself.