scholarly journals The Significance of the ISLAMIC Law (Shari’a) Supervison of the Islamic Banks: The Jordan Islamic Bank as a Model

2016 ◽  
Vol 4 (1) ◽  
Author(s):  
Dr. Hussein M. Rababa’ah ◽  
Dr. Yousuf Muhammad Rababa’ah
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

scholarly journals Analysis of Corporate Governance on Islamic Bank in Indonesia

2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Muhamad Nadratuzzaman Hosen ◽  
Nasimul Falah ◽  
Fitriyani Lathifah
Keyword(s):  
Corporate Governance ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Positive Law ◽  
The Right ◽  
Islamic Values

This research demonstrates conceptual corporate governance (CG) which has relationship with regulations and Islamic teaching. Then, to investigate CG in Islamic Bank in Indonesia and to review law aspects and Islamic values related to rules of corporate CG in Islamic Bank in Indonesia. The study used qualitative approach using study literature and interview to analyze the implementation of corporate governance in Islamic bank in Indonesia. This study found that Islamic Banks which issued the rules of CG were not following philosophy of Islamic principles and not following strongly Islamic law and positive law. Hence, there were several fraud cases on Islamic banks inIndonesia. Islamic corporate governance in Indonesia still not find the implementation like in Malaysia. Rules of CG through regulation for Islamic bank is involving futher researher to examine the right policy. The regulation of corporate governance regulations for Islamic bank still need to be refined and turned into Islamic corporate governance standard in accordance with Islamic principles and national laws which required by Islamic bank.

Mobile banking adoption in Islamic banks

2019 ◽  
Vol 11 (6) ◽  
pp. 1405-1418
Author(s):  
Dwi Suhartanto ◽  
David Dean ◽  
Tuan Ahmad Tuan Ismail ◽  
Ratna Sundari
Keyword(s):  
Islamic Law ◽  
Ease Of Use ◽  
Partial Least Square ◽  
Perceived Usefulness ◽  
Mobile Banking ◽  
Islamic Banks ◽  
Perceived Ease Of Use ◽  
Banking Services ◽  
Content Type ◽  
Islamic Bank

Purpose This paper aims to examine mobile banking adoption in Islamic banks by integrating technology adoption model (TAM) and Religiosity-Behavioural Intention Model. Design/methodology/approach This study uses a sample of 300 mobile banking customers of Islamic banks from West Java Province, Indonesia. Partial least square was applied to assess the association between perceived usefulness, perceived ease-of-use, religiosity, satisfaction, and adoption. Findings The results of this study disclosed that the integration of TAM and Religiosity-Intention model provides a more complete explanation of Islamic bank consumers’ adoption of mobile banking. Besides perceived usefulness and perceived ease-of-use, the results of this study emphasise the importance of religiosity in mobile banking adoption. Practical implications This study offers an opportunity for Islamic bank managers to increase the adoption of their mobile banking services. To increase the adoption of mobile banking services, Islamic banks must not only provide an application that is useful and easy to use but also consider the customer’s religiosity. All of their mobile banking marketing strategies should focus on providing high-quality mobile service while ensuring the bank’s operations are compliant with the Islamic law. Originality/value This study is the first attempt to integrate TAM and Religiosity-Intention Model to assess mobile banking adoption.

scholarly journals The Competitiveness Creation Strategy of Islamic Banking

2017 ◽  
Vol 5 (2) ◽  
pp. 29-34
Author(s):  
Laila Refiana Said ◽  
Siti Aliyati Albushairi ◽  
Gusti Rina Fariany
Keyword(s):  
Consumer Satisfaction ◽  
Word Of Mouth ◽  
Islamic Law ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Islamic Bank ◽  
New Strategy ◽  
Variable Compliance ◽  
Word Of Mouth Communication

Objective - The development of Islamic banks in Indonesia requires a new strategy. The size of the population of Indonesia is a potential market for Islamic banks to target religious and non-religious customers and implement quality innovation to create value-based services to support the competitiveness of regional economies. This may improve the standard and quality of living. Specifically, this study investigated the influence of Islamic banking service quality dimensions to consumer satisfaction, word-of-mouth communication and loyalty. Methodology/Technique - This study was conducted in Banjarmasin, South Kalimantan, which is an Indonesian province that has a fairly a rapid rate of development of Islamic banking. The study focused on 191 people. Data collection was done by observation and interviews using questionnaires. Findings - Using Partial Least Squares, the resultsdemonstrates the effects of variable compliance, empathy, and value proposition quality on overall satisfaction. This showed that overall satisfaction influences word-of-mouth communication and loyalty. This indicates that both the religious market consumers and the floating market consumers desire the establishment of a strong emotional bond between the Islamic bank, customers and shareholders that are developed together in the face of business risks and share profits fairly and honestly, in accordance with the principles of Islamic law. Furthermore, they want employees to be more empathetic and respond individually to customers. Novelty - The study suggest that a strategy be created in relation to competitiveness in Islamic banking in Banjarmasin to improve the quality of service-based value, and to increase the cultivation of religious customers as well as penetrating the floating market segment. Type of Paper - Empirical Keywords: Carter-Item; Floating-Based Market; Islamic Bank; Religious-Based Market; Servqual.

Do Islamic banks need to earn extra profits?

2019 ◽  
Vol 10 (3) ◽  
pp. 369-381 ◽  
Author(s):  
Yasushi Suzuki ◽  
S.M. Sohrab Uddin ◽  
Pramono Sigit
Keyword(s):  
Banking Sector ◽  
Islamic Law ◽  
Comparative Approach ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Content Type ◽  
Islamic Bank ◽  
Banking Market ◽  
Conventional Banks ◽  
Credit Portfolio

Purpose This paper aims to draw upon existing debate over “financial sector rent” (bank rent) to analyze the current pattern of financing of Bangladeshi and Indonesian Islamic banks during the period of 2011 and 2015. Design/methodology/approach The empirical evidence through a comparative approach of analyzing the performance of Islamic banks with that of conventional banks in respective countries – two of the largest countries where majority of the population are Muslims – is drawn to demonstrate the objective. Findings While Islamic banks in Bangladesh are primarily concentrating on the murabaha (mark-up contract) mode of financing, some transactions under musharaka (partnership/equity-based contract) are observed in the Indonesian Islamic banking sector. This anomaly in Indonesia can be explained by the nature of their musharaka financing which is not of the purely “participatory” financing type. As a result, we can observe the quasi-murabaha syndrome in Indonesian Islamic banking sector. The concentration of asset-based financing including consumers’ financing (hire purchase) in the credit portfolio gives Islamic banks relatively higher Islamic bank rent opportunity for protecting their “franchise value” as Sharīʿah-compliant (Islamic law-compliant) lenders. However, Indonesian Islamic banks share a still infant Islamic banking market, and enjoy less rent opportunity under a severe competition with conventional banks. Research limitations/implications The bank rent approach suggests that the syndrome observed both in Bangladesh and Indonesia can be ironically justifiable. Moreover, the mode of profit-and-loss sharing provides, in practice, an idea of the difficulty in managing the participatory financing embedded with high credit risk. Under this scenario, it is necessary for Islamic scholars and the regulatory authority to design an appropriate financial architecture, enabling Islamic banks to avail the benefit from a wider variety of Sharīʿah-based Islamic financing. Originality/value This paper expands the newly emerged concept of “Islamic bank rent” to make sense of the murabaha syndrome in Bangladesh and the quasi-murabaha syndrome in Indonesia. This approach also contributes to clarifying the unique risk and cost to be compensated with the spreads that Islamic banks are expected to earn.

scholarly journals INNOVATION OF ISLAMIC BANKING INDUSTRY AS AN ALTERNATIVE ISLAMIC ECONOMIC DEVELOPMENT IN INDONESIA

2018 ◽  
Vol 7 (2) ◽  
pp. 132-141 ◽  
Author(s):  
NURHANI FITHRIAH
Keyword(s):  
Product Innovation ◽  
Islamic Law ◽  
Banking Industry ◽  
Banking Regulation ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Islamic Bank ◽  
The People ◽  
Innovative Products ◽  
Islamic Economic

One of potential exploration and manifestation of the community's contribution to the national economy, is the development of an economic system based on the value of Islamic (Sharia) by lifting its principles into the National Legal System. Shariah principles based on the values of fairness, expediency, balance, and universality (rahmatan lil 'alamin). Those values are applied in banking regulation that is based on the so-called Sharia Islamic Banking. Principles of Islamic Banking is part of Islamic teachings related to the economy. In addition, to provide assurance to the people who still doubt shariah Islamic Banking operations during this time also set of business activities that do not conflict with Sharia Principles include business activities that do not contain elements of riba, maisir gharar, haram, and zalim. A separate regulation for Islamic Banking is an urgent thing to do, to ensure compliance with Shariah principles, the principles of the Bank for Islamic Bank, and no less important is expected to mobilize funds from other countries that requires the regulation of the Islamic Bank. Problems faced, how the strategy and the constraints faced in Islamic Banking Industry Product Innovation in developing the economy in Indonesia by Islamic Banking Act. This study aims to look for and find in the practice of the ways and forms of Islamic banking product innovation, as well as the constraints that it faces.This research, analytical, descriptive and normative juridical approach, and aims to provide a complete picture of the facts and the systematic application of Sharing in Islamic banks. Furthermore, the data were analyzed through statutory provisions in force, which among one another should not be contradictory, pay attention to the hierarchy with the aim to achieve legal certainty, by searching and digging law who live in the community, whether it is written or unwritten (Islamic law).The results showed that the strategy which remove products of Islamic banking industry innovation, improve human resources SDI), and marketing of products strategically. Constraints faced in Islamic Banking Industry Product Innovation in developing the economy in Indonesia, it is very difficult to do because fixated on Islamic principles. Suggestions put forward, should disseminate innovative products to the public and the effectiveness of supervision of Islamic banks (Internal & ekstenal).

Pembiayaan Bermasalah Pada Bank Syariah: Strategi Penanganan Dan Penyelesaiannya

2018 ◽  
Vol 6 (2) ◽  
pp. 287-310
Author(s):  
Ubaidillah Ubaidillah
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Bank Capital ◽  
Significant Development ◽  
Islamic Bank ◽  
Banking Regulations ◽  
Reserve Fund ◽  
Financial Liquidity

Islamic banks in Indonesia are currently experiencing significant development, but this must also be balanced with good banking regulations and management, including handling problematic financing. Problematic financing has an unfavorable impact on Islamic law, the danger of financing problems, namely the non-repayment of financing given in part or in whole. The greater the problematic financing faced by the bank, the lower the level of operational health of the bank, the decrease in the quality of financing and the soundness of the bank affecting financial liquidity and solvency, ultimately affecting the trust of depositors or even prospective customers. The greater the amount of financing problematic, the greater the amount of reserve funds that must be provided, and the greater the bank's responsibility for holding a reserve fund, because the losses borne by the bank will reduce bank capital. The purpose of this paper is intended to be information or even input to Islamic bank academics and practitioners on how to deal with or strategies and also to resolve problematic financing.

Perception and expectation of customers in Islamic bank perspective

2019 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Muhamad Nadratuzzaman Hosen ◽  
Fitriyani Lathifah ◽  
Ferry Jie
Keyword(s):  
Customer Satisfaction ◽  
Islamic Law ◽  
International Standard Organization ◽  
Basic Knowledge ◽  
Islamic Banks ◽  
It Services ◽  
Banking Services ◽  
Content Type ◽  
Islamic Bank

Purpose The purpose of this paper is as follows: to measure the levels of customer satisfaction, to analyze the gap of values between expectations and perceptions of customers for quality of services and to analyze the factors which should be priority of services in reducing the levels of customer satisfaction at branch office of Bank Muamalat Indonesia (BMI). Design/methodology/approach The study uses to quantitative and qualitative approach to analyze challenges and problems of quality in banking services at BMI based on Islamic perspective.X Findings Overall results show that the levels of customer satisfaction are satisfied. The main items of deduction for customers’ satisfaction are services of access, services of price, interruption of services, sophistication of technology and variety of products. In general findings, Sharia compliance becomes a critical point of services in Islamic banks. The study is only investigation at one Branch of BMI in Depok. Research limitations/implications The implication of this study is a basic knowledge for more details of research with more samples of banks regarding with the quality of banking services. Evaluation of the level of customer satisfaction is very important for BMI to improve services and to develop IT services as well as to certified the ISO (International Standard Organization) and to be built Sharia assurance system. Practical implications The result of this can be used to make a rank of service satisfaction for all Islamic banks in Indonesia. Originality/value This study is to apply combination of CARTER and quality of banking service methods for a Islamic bank. In addition, this study includes Sharia Compliance or Islamic law compliance as a basis for Islamic Contract in operating products of Islamic bank.

scholarly journals DRAMATURGY: RIBA ON HOME OWNERSHIP LOAN IN ISLAMIC BANKING (CASE STUDY ON BANK BTN SYARIAH KCPS CIPUTAT, TANGERANG SELATAN)

2021 ◽  
Vol 3 (1) ◽  
pp. 25
Author(s):  
Aulia Julian Faizatunazilla ◽  
Siti Jamilah
Keyword(s):  
Islamic Law ◽  
Home Ownership ◽  
Supervisory Board ◽  
Primary Data ◽  
Islamic Banking ◽  
Islamic Banks ◽  
The Public ◽  
Islamic Bank ◽  
Back Stage

The purpose of this study was to determine usury behavior in the Housing Loan or Credit in Islamic banks and to determine the application of the existing contract system in Housing Loans in Islamic banks using the dramaturgy method. The data used in this study is primary data, where researchers conducted interviews directly with the Bank BTN Syariah KCPS Ciputat, a member of the Sharia Supervisory Board and one of the customers who used a House Ownership Credit product at an Islamic bank. The results of this study can be concluded that the front stage that the bank shows to the public is in accordance with the back stage that the bank does not show to the public and Bank BTN Syariah KCPS Ciputat conducts its business in accordance with Islamic law and the fatwa of the National Sharia Council. So that in this study Bank BTN Syariah KCPS Ciputat does not have usury in its business.

Islamic Banking in Kazakhstan Law

2011 ◽  
Vol 36 (1) ◽  
pp. 1-32
Author(s):  
Peter B. Maggs
Keyword(s):  
Interest Rates ◽  
Deposit Insurance ◽  
Credit Rating ◽  
Islamic Law ◽  
Equal Treatment ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Playing Field ◽  
Islamic Bank ◽  
International Credit

AbstractKazakhstan has adopted legislation designed to facilitate Islamic banking, and at least one Islamic bank has started operations in Kazakhstan. Islamic banking is based upon traditional Islamic law, which forbids the taking of interest, the making of profit without risk, and profiting from "sinful" businesses such as pornography. The legislation in Kazakhstan forbids such activities for Islamic banks and also requires each Islamic bank to have an independent "Council on the principles of Islamic finance" to rule on bank policies and specific transactions. Islamic banking practices use complex combinations of transactions, each permitted by Islamic law, to mimic common conventional banking transactions, such as loans bearing fixed interest rates and repayable on a fixed date. Stable income and manageable principal obligations from credit-worthy borrowers can ensure that a bank will receive high ratings from leading international credit rating agencies and, thus, can satisfy the requirements of Kazakhstan's bank regulators. The formal difference between Islamic banking transactions and the conventional transactions that they mimic could lead to differing treatment for taxation. To provide a level playing field, Kazakhstan has amended its Tax Code to provide for equal treatment of economically equivalent Islamic and conventional banking transactions. Adjustments have also been made to bankruptcy legislation, reflecting the unavailability of deposit insurance for Islamic banks and the special nature of investment deposits in Islamic banks. There are controversies among Islamic law scholars as to whether or not various practices used to mimic conventional banking transactions are unlawful because they violate the spirit of Islamic law. This creates what is called "Sharia risk", the risk that a transaction will be found unlawful after it has been concluded, with consequences highly unfavorable for a party.

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