Praktik Pembiayaan Berbasis Tanggung Renteng: Analisis Kepatuhan Syariah di Tangerang

Abstract

This study aims to analyze the practice of group-based financing with a joint liability (tanggung renteng) system in Pisangan Jaya Village, Sepatan District, Tangerang Regency, Banten Province, from the perspective of fiqh muamalah and the Fatwa of the National Sharia Board-Indonesian Ulema Council (DSN-MUI). Joint liability is a group guarantee mechanism where all members are fully responsible for the defaulted financing of any member. This study uses a qualitative descriptive analytical method with field research. Primary data were collected through direct observation and in-depth interviews with field officers of the financing institution (BTPN Syariah) and female clients in the financing groups. The results show that group financing in Pisangan Jaya Village is implemented using the murabahah lil amir bish shira' contract combined with the kafalah contract as the legal basis for joint liability. From the operational aspect, a sharia non-compliance was found in the murabahah object where the institution delivered financing in cash directly to clients instead of real goods, thus resembling a qardh transaction that takes a profit margin (riba). Meanwhile, the joint liability guarantee system is considered valid and compliant with the principles of kafalah al-wujuh or kafalah al-mal in line with the spirit of ta'awun (mutual assistance), provided that its implementation is free from coercion (ikrah) and does not cause greater harm to lower-middle-class group members.