scholarly journals Potensi Keterdedahan Risiko Syariah Syarikat Pengendali Takaful Terpilih Di Malaysia

Author(s):  
Mohd Faiz Mohamed Yusof ◽  
Joni Tamkin Borhan ◽  
Nurhanani Romli

Nowadays, various Islamic financial products have been developed and have grown tremendously in the financial markets, including Islamic equity, Islamic banking and takaful. The Islamic finance industry has its own uniqueness compared to the conventional financial industry due to the Islamic finance industry has a need for Shariah compliance in Islamic finance industry as known as Shariah risk. Globally, Islamic capital market was faced incident of Shariah risk in the end 2007 when Sheikh Taqi Uthmani has declared that 85% of sukuk issuance in the market are non Shariah compliant in the end of 2007 and cause a decrease of sukuk issuance in the following years in 2008. There are also dispute cases in Islamic banking in Malaysia such as issue of contract Bay 'Bithaman Ajil (BBA) is not shariah compliant. The takaful industry in Malaysia is also exposed to Shariah risks due to the shariah compliance requirements in all operations and activities of the takaful operator. Therefore, this study will describe the key elements that results shariah risk in Islamic finance. The research will identified potential of shariah risk using a qualitative methodology based on research data from five informants who were experienced shariah compliance management in takaful operator. This study will analyze qualitative data using a computerized program Altas.ti 7. The study infers that there are potential of Shariah risk and incident of Shariah risk in activities and operation of selected takaful operator in Malaysia.

2020 ◽  
Vol 7 (1) ◽  
pp. 29-41
Author(s):  
Ismail Mohamed ◽  
Mohd Rafede Mohd ◽  
Aishath Muneeza

Ju’alah is one of the least researched types of Shariah contracts used in Islamic finance. The objective of this paper is to explore the current and potential applications of Ju’alah with specific reference to Malaysian Islamic banking, takaful and the Islamic capital market. This paper establishes that there is potential for using Ju’alah in Islamic finance as a primary and/or secondary contract. It also establishes that Ju’alah can be used in takaful, though it is not being currently used for this in Islamic banking and the Islamic capital market in Malaysia. It is anticipated that the findings of this paper will improve understanding of the practice of Ju’alah in the Malaysian Islamic finance industry.


Author(s):  
A. Batorshyna ◽  
V. Tokar ◽  
L. Kolinets ◽  
L. Sybyrka ◽  
O. Almarashdi

Abstract. The article discloses development peculiarities of the global Islamic financial industry and determines its interplay with the economic growth of Muslim countries. The aim of the article is to reveal current trends in key segments of the global Islamic finance market (Islamic banking, capital market and Iinsurance) and analyze the impact of each of them on the economic growth of the countries, which are most developed in the field of Islamic finance. The countries surveyed were selected according to the Islamic Finance Development Indicator (IFDI), which reflects the general state of the Islamic financial industry worldwide and in each country. IFDI is based on five indicators: quantitative development (QD), knowledge, governance, corporate social responsibility (CSR) and awareness. In 2019, the United Arab Emirates (UAE), Bahrain, Indonesia, Malaysia and Saudi Arabia were the most developed countries in terms of Islamic finance. Examining the impact of different types of Islamic financial assets on the GDP of these Muslim countries, we used Eviews10 to conduct a regression analysis, which showed a positive relationship between GDP and only two types of assets, namely bank and Islamic bonds (sukuk). associated with significant volumes of these segments of the global Islamic financial market and the tradition of investing in key sectors of the economy. We discovered the negative relationship between GDP and Islamic insurance (Takaful) in all countries studied, which can be explained by ineffective investment strategies of Islamic insurance companies, which suffer from low profitability and are unable to increase their assets in line with current trends in innovation and development.  We also found the inverse relationship between Islamic funds and GDPs of the UAE, Malaysia and Saudi Arabia, which may be related to the distribution of financial resources from these countries to other parts of the world and investment cycles, including the waiting period before repatriation of profits and interest; the concentration of funds in major markets makes it impossible to scale their activities in the global market. Keywords: Global islamic finance, Islamic banking, Islamic capital market, Sukuk, Islamic funds, Takaful, Economic growth. JEL Classification G15, O43, O53, Z12 Formulas: 1; fig.: 1; tabl.: 5; bibl.: 20.


2016 ◽  
Vol 1 (2) ◽  
pp. 111
Author(s):  
Muhdi Kholil

<p>Indonesia is to be known widely by the world, which has Islamic finance system different from most countries. Indonesia which is in the international forum of financial syriah known "orthodox" or conservative in the application of Islamic principles recognized the economic practice of Islam which is closer to the economic substance of Islam, and relatively completed all aspects of the economy. Islamic economic development not only in the sectors has been developed such as banking, capital markets and non-bank financial institutions other, but also in extended development of the microfinance sector,  social and financial practices of real business to meet Islamic principles.</p><p>The composition and transaction of Islamic financial products’ Indonesia is a fact that is not owned by other countries which are also developing Islamic banking and finance industry. No wonder, since the majority of developing countries in the world of sharia finance industry with the approach of imitation (mimicry) with conventional, and many experts doubt the originality/economic system of Islamic finance, both conventional and expert on Islamic scholars. But on many opportunities, from seminars, conferences and working group forum, many countries are aware that Indonesia has a different form of sharia industry, the application of Islamic finance that has another color.</p><p>Keyword: Economics, Sharia, Indonesia.</p>


2012 ◽  
Vol 26 (3) ◽  
pp. 313-337
Author(s):  
Younes Soualhi

Abstract This article is an attempt to formulate a viable Sharīʿah framework for juristic differences in contemporary Islamic finance. While acknowledging the legitimacy of juristic differences as an inherent feature of Islamic law, such differences could jeopardize a nascent Islamic finance industry, leading to what has come to be arbitrarily termed ‘Sharīʿah risk’ in Islamic finance. Two blocks appear to represent the two disputing sides since the launch of this industry, i.e., the Middle Eastern and South East Asian markets. Thus, this article aims to bridge differences in Islamic finance by proposing a framework and set of parameters that can be applied to all Islamic banking, Islamic capital market and takāful products. Apart from the outlined framework that aims to circumvent juristic disputes, this article concludes that juristic dispute resolution in Islamic finance will not be attainable until one can appreciate the legal and regulatory differences in which Islamic finance operates worldwide.


Author(s):  
Maziyah Mazza Basya ◽  
Betty Utami Silfia Ayu

Fintech has great potential to encourage the development of Islamic economics and finance in Indonesia, especially now that fintech-based services have been widely applied in the Islamic finance industry in various countries. Fintech can be applied to Islamic banking to encourage the development of the Islamic financial industry by providing more efficiency and fast service to customers, however the existing fintech services have not fully met the expectations of its customers. Basically, SWOT analysis is used as a tool to formulate strategic planning based on the top managerial brainstorming process. Nowadays, some experts criticize the subjectivity of SWOT analysis for being too high, so this research uses the Importance Performance Analysis (IPA) method to determine the perceptions of fintech financing customers in Islamic banks in Indonesia so that it can be taken into consideration in managerial decision making for the development of Islamic bank fintech financing. in Indonesia. Key Words: Fintech; Islamic Bank; SWOT analysis; Importance Performance Analysis   Abstrak: Fintech sangat potensial untuk mendorong perkembangan ekonomi dan keuangan Syariah di Indonesia, terlebih saat ini layanan berbasis fintech telah banyak diterapkan dalam industri keuangan Syariah di berbagai Negara. Fintech dapat diaplikasikan pada perbankan Syariah untuk mendorong pengembangan industri keuangan Syariah dengan lebih memberikan efisiensi dan pelayanan jasa dalam waktu cepat kepada para nasabah, namun layanan fintech yang ada belum sepenuhnya memenuhi harapan nasabahnya. Analisis SWOT pada dasarnya digunakan sebagai alat untuk merumuskan perencanaan strategis berdasarkan proses brainstorming top manajerial. Dewasa ini, beberapa ahli mengkritisi subjektivitas analisis SWOT yang terlalu tinggi, sehingga penelitian ini menggunakan metode Importance Performance Analysis (IPA) untuk mengetahui persepsi nasabah pembiayaan fintech pada bank Syariah di Indonesia sehingga dapat dijadikan pertimbangan dalam pengambilan keputusan bagi manajerial untuk pengembangan pembiayaan fintech bank Syariah di Indonesia. Kata Kunci: Fintech; Bank Syariah; Analisis SWOT; Importance Performance Analysis


Author(s):  
Amir Shaharuddin

The COVID-19 pandemic have a sudden and significant impacts to the economies globally. It changes the business landscape and how and what consumers buy dramatically. During the enforcement of lockdown, businesses particularly in airline and tourism sectors experienced sharp fall of demand and services. In Malaysia, it is reported that a total of 170,084 hotel room bookings during the period 11 January 2020 until 16 March 2020 had been cancelled, which caused a loss of revenue amounting to RM68,190,364 (Foo et al., 2020). The phenomenon has affected gross domestic product (GDP) growth, household consumption, inflation and unemployment rates. A substantial numbers of small and medium enterprises (SME) face difficult times to survive which resulted many employees have lost jobs or to accept salary cut. It is anticipated that the COVID-19 pandemic will lead to another global economic crisis. Hence, governments had taken specific intervention policies to sustain the domestic markets during the full swing of the pandemic and during the post-war recovery to boost back the economy into the right track. The policies aimed at preventing employees from losing their jobs, securing renters and homeowners from evicting properties, avoiding companies from bankruptcy, and maintaining business and trade networks. Central banks across the globe have cut profit and interest rates in providing liquidity to keep moving the business sectors and household spending. In addition, some governments in emerging economies have granted moratorium to assist people who are affected by the pandemic. Nevertheless, the domestic policies will have their own challenges including high level of public debt. Thus, the government and central banks have critical roles to play in formulating the right monetary, fiscal and financial policies for their respective countries.  The COVID-19 pandemic has changed consumer spending patterns and behaviour. While most industries suffered from decline demand, there are industries which benefit from the pandemic outbreak. Cloud computing, video conferencing, electronic payments, online food delivery, frozen foods and beverages (F&B) businesses are experiencing rapid growth. The COVID-19 is pushing companies to swiftly operate in new ways by accelerating digital transformation. Another impact brought by the pandemic is workforce disruption. COVID-19 has made working from home as a new normal. The notion of traditional working environment in an office eight hours a day, five days a week has suddenly become obsolete. Employees now has the flexibility of remote working which help in reducing the traffic congestion. However, as some employers consider to make working from home a permanent arrangement it would significantly affect office commercial space sector. Based on these economic impacts of COVID-19, the special edition of Journal of Muamalat and Islamic Finance Research (JMIFR) aims at documenting current research and academic works related to the topics. This special edition intends to demonstrate how Islamic financial industry react and overcome the new challenges during the pandemic. In doing so, the objective of Shariah (Maqasid al-Shariah) is adopted as the guiding principle in assessing any issues or measures taken for the benefits of various industry’s stakeholders. With a total asset of more than USD2 trillion globally, Islamic finance industry has contributed significantly to the development of Muslim communities in many parts of the world. Thus, it is interesting to examine how the Islamic finance industry’s stakeholders including regulators, Shariah fraternity, industry practitioners and customers act to remain resilient under the adverse economic scenarios.  The realization of the principle of Maqasid al-Shariah in Islamic banking operations is an on-going project. The Maqasid al-Shariah principles necessitate that Islamic banking and financial institutions to safeguard the wealth of all different stakeholders with fair business dealings. The COVID-19 pandemic presents a true test to the Islamic financial institutions on how they apply the concept of Maqasid al-Shariah in their decisions to achieve a balanced and win-win situation during the challenging times. Islamic financial institutions are expected to take more responsible approach in supporting those who are affected by the pandemic.


2020 ◽  
Vol 13 (2) ◽  
pp. 345-369
Author(s):  
Rihab Grassa

AbstractPrevious studies on financial development have shown that differences in the legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 40 countries observed for the period from 2005 to 2018, our research assesses how different legal origins have affected the development of Islamic finance worldwide. More particularly, our research assesses empirically why and how the adoption of Shari’a, wholly or partially (combined with common or civil law), could explain the level of development of Islamic finance in different jurisdictions. Our primary results show that countries adopting a Shari’a legal system have a very well-developed Islamic financial system. Moreover, countries adopting a mixed legal system based on common law and Shari’a law have sufficient flexibility within their legal systems to make changes to their laws in response to the changing socioeconomic conditions, and this has helped the development of the Islamic financial industry. However, countries adopting a mixed legal system based on both civil law and Shari’a law appear less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Furthermore, we have found that the concentration of a Muslim population (the percentage of Muslim population) along with the level of income have both had a positive effect on the development of Islamic banking assets and on the development of Islamic banking as a whole.


2019 ◽  
Vol 5 (3) ◽  
pp. 145
Author(s):  
Anggiya Rossana ◽  
Egi Arvian Firmansyah

The presence of Islamic banking in Indonesia is one form of progress and development of the Islamic finance industry in Indonesia. However, for more than 20 years, Islamic banking has apparently not been able to grow optimally and experienced a slowdown in its growth. Islamic banks need to increase their market share and also need to identify which attributes are most considered by the potential customers, especially the millennials whose number is large. This study aims to find out which attributes are most considered in using Islamic banking services. This study uses primary data by distributing online questionnaires to 180 university students in Bandung, namely Unpad, ITB and UPI students. To analyze the data, Rasch analysis was used. The results of Rasch analysis show that cleanliness, friendliness, and Islamic principles turned out to be the most considered attributes in selecting Islamic banking in Indonesia. Given that these three attributes are the most considered, it is expected that Islamic banking strengthen these three aspects in order to increase the market of Islamic finance industry markets.


Author(s):  
Hatta Syamsuddin ◽  
Abdul Khaliq Hasan ◽  
Moh Muinudinillah

The emergence of Islamic banking was considered as a response to the desire of Muslim communities to disassociate from usury (riba-based) system. The development of time increasing the diversity of financial transactions, both in trading and banking business, which has no provisions in the old sources of Islamic jurisprudence. This dangerous phenomenon was the reason for the importance of a Sharia Supervisory Board to ensure all of the banking transactions comply with the rules and principles of sharia. This research focused on the role of National Sharia Board and his methodology in the fatwa. This research uses analytical descriptive methodology. The limitations of this research were about: how the National Sharia Board played their roles in Indonesia and how the method applied by the National Sharia Board in issuing a fatwa. The research found that: the National Sharia Board in Indonesia has played their roles, especially in developing Islamic finance industry, ensuring financial and banking transaction comply with the rules and principles of sharia, and providing awareness and guidance to the Muslim communities. The issuing of fatwa on financial transactions was the authority of the National Sharia Board. The National Sharia Board hold on procedures, specific steps, and certain agreed methodology in issuing the fatwa. Nevertheless, there still some fatwas that caused controversy in the Islamic community


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Zakariya Mustapha ◽  
Sherin Binti Kunhibava ◽  
Aishath Muneeza

Purpose The purpose of this paper is to review the literature on Islamic finance vis-à-vis legal and Sharīʿah non-compliance risks in its transactions and judicial dispute resolution in Nigeria. This is with a view to putting forward direction for future studies on the duo of legal and Sharīʿah non-compliance risks and their impact in Islamic finance. Design/methodology/approach This review is designed as an exploratory study and qualitative methodology is used in examining relevant literature comprising of primary and secondary data while identifying legal risk and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. Using the doctrinal approach together with content analysis, relevant Nigerian laws and judicial precedents applicable to Islamic finance practice and related publications were examined in determining the identified risks. Findings Undeveloped laws, the uncertainty of Sharīʿah governance and enforceability issues are identified as legal gaps for Islamic finance under the Nigerian legal system. The gaps are inimical to and undermine investor confidence in Nigeria’s Islamic finance industry. The review reveals the necessity of tailor-made Sharīʿah-based regulations in addition to corresponding governance and oversight for a legally safe and Sharīʿah-compliant Islamic finance practice. It brings to light the imperative for mitigating the legal and Sharīʿah non-compliance risks associated with Islamic finance operations as crucial for Islamic finance businesses, Islamic finance institutions and their sustainable development. Research limitations/implications Based on content analysis, the review is wholly doctrinal and does not involve empirical data. Legal safety and Sharīʿah compliance are not to be compromised in Islamic finance operations. The review would assist relevant regulators and investors in Islamic financial enterprises to understand and determine the impact and potential ramifications of legal safety and Sharīʿah non-compliance on Islamic Finance Institutions. Practical implications This study provides an insight into the dimensions and ramifications of legal and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. This study is premised on the imperative for research studies whose outcome would inform regulations that strike a balance between establishing Islamic financial institution/business and ensuring legal certainty and Sharīʿah compliance of their operations. This study paves way for this kind of research studies. Originality/value The findings and discussions provide a guide for regulators and researchers on the identification and mitigation of legal and Sharīʿah non-compliance risks in Islamic finance via a literature review. This study, the first of its kind in Nigeria, advances the idea that research into legal and Sharīʿah non-compliance risks of Islamic financial entities is key to mitigating the risks and fostering the entities and their businesses.


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