scholarly journals ‘Fatwa Repositioning’: The Hidden Struggle for Shari’a Compliance Within Islamic Financial Institutions

2016 ◽  
Vol 149 (4) ◽  
pp. 895-917 ◽  
Author(s):  
Shakir Ullah ◽  
Ian A. Harwood ◽  
Dima Jamali
Author(s):  
Johansen Julian ◽  
Hanif Atif

This chapter explores the origins, characteristics, and modern financial applications of two of the oldest forms of Islamic joint venture contracts: musharaka and mudaraba. A commonly held view of Islamic finance, based on the concept of transaction risk sharing, is that it is ‘equity-based’ rather than ‘debt-based’, and constitutes a ‘quasi-equity’ interest for each investor. This is certainly true for musharaka and mudaraba. They have, however, been adapted for the purpose of corporate and other modern financings to include debt-related elements: this is largely to allow financing institutions to classify these as equity-related or quasi-debt instruments from a risk perspective, whilst retaining the key hallmarks of a joint venture. In some cases, particularly in mudaraba structures, those debt elements closely follow provisions used in syndicated financings. From a Shari’a compliance perspective, then, ‘risk-participation’ remains the essential and distinguishing feature of musharaka and mudaraba, and secures their importance as a vital component of Islamic finance. At the same time, however, Islamic financial institutions will continue to look for ways in which to bridge the ‘risk gap’ between equity and debt instruments.


2016 ◽  
Vol 4 (2) ◽  
pp. 202-218
Author(s):  
ڕێبوار محمد احمد ◽  
◽  
هێمن محمد عزیز ◽  
بصيرة ماجيد نجم ◽  
◽  
...  

Author(s):  
Puji Kurniawan

Humans are social creatures who need each other to socialize or to fulfill their needs, such as primary, secondary and tertiary needs. In this life there are 2 (two) groups of people, namely groups of people who are overfunded and those who are underfunded. Therefore, banks and non-bank financial institutions have emerged as intermediaries between the 2 (two) groups of the people so that the balance can occur in meeting the needs of each life. In Indonesia, there are many conventional and sharia bank and non-bank financial institutions that provide financing services to meet human needs. The fundamental difference between conventional and Islamic financial institutions is the use of the interest system which is usury in conventional financial institutions and the use of profit sharing systems in Islamic financial institutions.


2020 ◽  
Vol 1 (1) ◽  
pp. 268-273
Author(s):  
Аль-Гаррави Мохаммед Абдулвахид Джайяс ◽  

WADIAH ◽  
2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Ryski Pebriana, Rofik Efendi

The development of Islamic banking and Islamic financial institutions in Indonesia lately increasing. One reason is the strong belief in the Muslim community that banking and conventional financial institutions contain usury which is prohibited by Islam. The presence of Agritama Srengat Blitar BMT as Syari'ah savings and loans is intended to be a more innovative alternative in financial services, the financing process is also not complicated. The absence of an element of usury to Murabahah financing, and the ease of the process and conditions for financing, does not make more and more bad loans. The approach used in this research is a qualitative descriptive approach, while the type of research is field research, and the method of collecting data is observation, interview and documentation, which is using three steps, data reduction, file presentation and drawing conclusions.The results of this study indicate that: 1). Financing procedures at BMT Agritama Srengat Blitar use 5C analysis (character, capacity, capital, collateral, condition) and take into account a maximum radius of 10 km, but this does not apply to existing customers and customers who get recommendations from partners. 2). The implementation of Murabahah financing management has not been in accordance with the murabaha management function which includes planning, organizing, implementing, and controlling. Where the planning of murabahah financing is devoted to agriculture and animal husbandry, but in practice it is not appropriate, then in the implementation of murabahah financing using a wakalah contract it is signed together with murabahah. And the supervision conducted by BMT Agritama is not routinely visited to the place of business. Keywords : financing manajement, murabahah


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