Oleh: Perdana Nur Ambar Setyawan
One indicator of an economic health of a country is the health of the financial industry. Banking to date, the Largest business sector is still supported by the financing sector. The Financing Business is able to classified becomes some sectors: consumer financing, working capital financing, investment financing, and micro financing. Micro Financing in all banking industries contribute to give the biggest profit of financing sectors. But, it must be know that micro financing have big risk potentials. The risk may be occured in micro financing business is payment failure or Non Performing Financing (NPF), either caused by force majeure or not.
More bigger NPF ratio in a bank is more unhealthy its bank.
There are many factors that cause payment failure risk in micro financing is occured, caused by business capacity, bad charracter of debtor, or caused by external factors such as disaster, chaos, and fire. That external factor is Force Majeure. However in the financing business, there is usually a second wayout of non performing financing recovery by selling its collaterals or by insurance claim. But that way is only recover the financing in banking asset side. It leaves some problems. The debtors is not able to restart their business because they have no more capital.
On the other hand the moslem micro businessmans who use financing
banking service, other than being required to pay installments, they are also
required to complete obligation of sharia, namely the zakat mal which had
commanded by God through his word in the Qur’an. During this time The Zakat Mal is collected through an official intitution that facilitated the state such as Baznas and shaded by the regulation of the Act. Even, the state also encourages the growth of Zakat awareness by making zakat as one of the factors of reducing gross income in the calculation of Income Tax (PPH). Baznas is responsible for the distribution of zakat from the muzakki to the rightful mustahik. Theory of classic Fuqoha distinguish
the levels of mustahik become 8 (eight) parts, or famously known with 8 levels of ashnaf. The debt-laden person belongs to the eight groups of asnaf (Gharim).
Nowadays, Gharim has a comprehensive meaning, not only debt between
individuals, but banking financing is also included in its category. So that zakat which payed by micro banking moslem entrepreneur can be distributed to micro banking moslem entrepreneurs who have misfortune due to force majeure on his business. Not only in repayment of financing, but also the handling of the recovery of economic conditions in debtors due to force majeure.
Keywords: Zakat, Force Majeure, Ghari
Kantor Hukum Jogjalawkarta adalah kantor pengacara yang telah menangani berbagai perkara hukum baik dalam perkara pidana maupun perkara perdata sejak tahun 2018 seperti pendampingan perkara perdata, cerai talak, gugat cerai, permohonan dispensasi kawin, gugatan hak asuh anak, permohonan penetapan ahli waris, sengketa wanprestasi/perbuatan melawan hukum, pendampingan perkara pidana, mediasi, negosiasi, dan masih banyak lagi. Selain itu Kantor Hukum Jogjalawkarta telah membantu berbagai industri dan bisnis dalam memberikan solusi hukum terbaik yang berkaitan dengan peraturan-peraturan di Indonesia.
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