المشاركة المتناقصة وتطبيقاتها لدى بنكي معاملات إندونيسيا ومانديري الإسلامي وبنك بروناي دار السلام الإسلامي

Abstract

This research aims to discuss the formula of diminishing partnership (al-mushārakah al-mutanāqiṣah) and the importance of its use as a tool in Islamic financing. In pursuance of this purpose, the first part of this thesis is devoted to theoretical study of diminishing partnership in Islamic jurisprudence to highlight the required restrictions and regulations to make shariah compliant, as well as to respond to the objections raised against it. The second part presents the application of the diminishing partnership in Bank Muamalat Indonesia (BMI), Bank Syariah Mandiri (BSM) and Bank Islam Brunei Darussalam (BIBD). The study concluded that: diminishing partnership is considered as shariah compliant as long as the application adheres to the requirement set by scholars; diminishing partnership is new formula and made up of several contracts and agreements. The study also concluded that the implementation of diminishing partnership by the above mentioned Islamic banks is not exactly according to Islamic principles.