scholarly journals Studi kritis model perjanjian mudarabah pada perbankan syariah di Indonesia

2016 ◽  
Vol 15 (1) ◽  
pp. 119
Author(s):  
Muhammad Sjaiful

The presence of Islamic Banking in Indonesia on the one hand it should be welcomed because it is aproof of the excitement of the majority of Muslims in the country to attempt to practice the teachingsof Islam in the life of the muamalah each other. But very unfortunate if the concept of Islamic Bankingis still graft the principles of usury-based conventional banks. As shown in the mudaraba agreementscheme practiced by some Islamic Bank is still causing some problems from the viewpoint of Sharia,including Islamic Banking legal standing as related parties in the mudaraba agreement itself, the dualstatus, on the one side and the other side as mud}a>rib as s}ahib al mal. Held dual status that Islamic Bankingcourse diametrically opposed to the principles of sharia. Another serious problem that was seized inMud}arabah current agreement scheme is a scheme which is essentially an agreement contract debtsbetween Islamic Bank is positioning itself as a cahib al-mal with customers who position themselves asmud}a>rib. Being stuck mud}arabah made Islamic Bank debts into the scheme of course is very dangerousfrom the point of view of sharia because it would trap the usury-based parties in the transaction. For thereconstruction of the model that needs to be done mudaraba agreement on Islamic banking thatmodels the agreement actually purely on the basis of pure sharia upright.

Author(s):  
Hamad Mohammed Shkeily ◽  
Naziruddin Abdullah

This paper aims at examining the nexus between riba, gharar and income level, and Islamic Banking Products among Zanzibar people. The Islamic bank products such as Murabahah, Musharakah, Mudarabah, Ijarah, Hawalah, Takaful and Sukuk were considered as independent variables for this study. On the other hand, the dependent variables investigated were three (3) namely riba, gharar and income level. A total of 116 respondents consisting of Zanzibar people residing in different districts responded to the survey questionnaire via google form. The study used statistical techniques to analyse the collected data in terms of demographic, descriptive, reliability and validity analysis and presented by charts, tables and curves. The hypothesis test has been conducted using correlation analysis. Statistically, the finding revealed that, the people of Zanzibar were against Riba but in favour of Murabahah, Musharakah, Mudarabah, Ijarah, Hawalah, Takaful and Sukuk with p≤0.01. The result also revealed that the people of Zanzibar were against gharar with p≤0.01. On the other hand, income level showed a significant correlation against Mudarabah, Ijarah, Hawalal, Takaful and Sukuk as p≤0.01. These findings suggest that the products and services of Islamic banks have a significant relationship with Riba, Gharar and level of income for Islamic banks’ shariah priority. It is also shown that riba and gharar were significantly impacted the people of Zanzibar for the influence on the acquisition of Islamic bank facilities which are vital on direct effects that attract customers and investors in which they are customised from conventional banks products. As the awareness level from these Islamic products are high, it is recommended that Islamic banks should focus in designing Islamic banks products (Murabahah, Musharakah, Mudarabah, Ijarah, Hawalah, Takaful and Sukuk) that will comply with Shariah requirement.


2021 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Mohammad Nur Rianto Al Arif ◽  
Dede Yati

There is a different characteristic between Islamic banks and conventional banks, so Islamic banks must have performance measures based on Islamic values in them. This study aims to measure the performance of Islamic banks in three countries - Bangladesh, Indonesia, and Pakistan - using the Sharia Maqashid Index. Also, this study examined whether there were differences in Sharia Maqashid Islamic bank indexes in the three countries using the one-way ANOVA test. The results of the study, in general, showed that the Al-Arafah Islamic Bank of Bangladesh received the highest score, followed by Bank of BNIS and Bank of BRIS. Besides, the results of the study also showed that there were differences in performance. This result implies that Islamic banks should use the maqashid sharia framework as a benchmark for their objective and performance indicators.========================================================================================================ABSTRAK – Perbandingan Kinerja Perbankan Syariah di Indonesia, Pakistan, dan Bangladesh: Pendekatan Indeks Maqashid Syariah. Terdapat perbedaan karakteristik antara bank syariah dan bank konvensional, sehingga ukuran kinerja bank syariah harus didasarkan pada nilai-nilai syariah yang terdapat di dalamnya. Penelitian ini bertujuan untuk mengukur kinerja bank syariah di tiga negara yaitu Bangladesh, Indonesia, dan Pakistan dengan menggunakan Sharia Maqashid Index. Selain itu, penelitian ini juga menguji apakah ada perbedaan indeks bank syariah Maqashid Syariah di tiga negara dengan menggunakan uji one-way ANOVA. Hasil penelitian secara umum menunjukkan bahwa Bank Islam Al-Arafah Bangladesh memperoleh skor tertinggi, disusul oleh Bank BNIS dan Bank BRIS. Selain itu, hasil penelitian juga menunjukkan adanya perbedaan kinerja di tiga negara tersebut. Hasil ini menyiratkan bahwa bank syariah harus menggunakan kerangka maqashid syariah sebagai tolok ukur tujuan dan indikator kinerjanya.


Author(s):  
Hajer Zarrouk ◽  
Khoutem Ben Jedidia ◽  
Mouna Moualhi

Purpose The purpose of this paper is to ascertain whether Islamic bank profitability is driven by same forces as those driving conventional banking in the Middle East and North Africa (MENA) region. Distinguished by its principles in conformity with sharia, Islamic banking is different from conventional banking, which is likely to affect profitability. Design/methodology/approach The paper builds on a dynamic panel data model to identify the banks’ specific determinants and the macroeconomic factors influencing the profitability of a large sample of 51 Islamic banks operating in the MENA region from 1994 to 2012. The system-generalized method of moment estimators are applied. Findings The findings reveal that profitability is positively affected by banks’ cost-effectiveness, asset quality and level of capitalization. The results also indicate that non-financing activities allow Islamic banks to earn higher profits. Islamic banks perform better in environments where the gross domestic product and investment are high. There is evidence of several elements of similarities between determinants of the profitability for Islamic and conventional banks. The inflation rate, however, is negatively associated with Islamic bank profitability. Practical Implications The authors conclude that profitability determinants did not differ significantly between Islamic and conventional banks. Many factors are deemed the same in explaining the profitability of conventional as well as Islamic banks. The findings reported in the current paper might be of interest for policy makers. It is recommended to better implement non-financing activities to improve Islamic bank profitability. Originality/value Unlike the previous empirical research, this empirical investigation assesses the issue whether Islamic banks profitability is influenced by same factors as conventional model. It enriches the literature in this regard by considering the specificities of Islamic banking to identify the determinants of profitability. Moreover, this study considers a large sample (51 Islamic banks) through a different selection of countries/banks than previous studies. In addition, the period of study considers the subprime crisis insofar it ranges from 1994 to 2012. Hence, this broader study allows the authors to draw more consistent conclusions.


Author(s):  
Yves Mausen

Abstract The logic of evidence in Bartolistic literature, A reading of the Summa circa testes et examinationem eorum (Ms. Bruxelles, B.R., II 1442, fol.101 ra – 103 rb). – Bartolus teaches how to read testimonies from a logical point of view. On the one hand, the facts that the witness recounts constitute the minor premise of a syllogism, its conclusion being their legal characterization; therefore he is prohibited from pronouncing directly on any legal matter. On the other hand, given that the witness' knowledge of the facts has to stem from sensory perception, the information he provides has at least to constitute the minor premise of another syllogism, making for establishing the causa of his testimony.


1928 ◽  
Vol 55 (3) ◽  
pp. 665-735 ◽  
Author(s):  
Dorothy J. Jackson

It is well known that in many orders of typically winged insects species occur which in the adult stage are apterous or have the wings so reduced in size that flight is impossible. Sometimes the reduction of wings affects one sex only, as in the case of the females of certain moths, but in the majority of cases it is exhibited by both sexes. In many instances wing dimorphism occurs irrespective of sex, one form of the species having fully developed wings and the other greatly reduced wings. In some species the wings are polymorphic. The problem of the origin of reduced wings and of other functionless organs is one of great interest from the evolutionary point of view. Various theories have been advanced in explanation, but in the majority of cases the various aspects of the subject are too little known to warrant discussion. More experimental work is required to show how far environmental conditions on the one hand, and hereditary factors on the other, are responsible for this phenomenon. Those species which exhibit alary dimorphism afford material for the study of the inheritance of the two types of wings, but only in a few cases has this method of research been utilized.


Diogenes ◽  
2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Mitko Momov

Rosemberg (1991) has made a critical review of a long-standing discussion between Eastern philologists and Buddhist philosophers. The discussion is centered around the translation of the doctrine on the one hand, and its philosophical systematization on the other hand. When scientific-philological translation prevails, the literal meaning of Buddhist terminology is declared to be its basis. The young scholar, who had specialized in Japan, studied Buddhism from Japanese and Chinese sources and collected lexicographic material from non-Hindu sources. After comparing them, he encountered inaccuracies in the translation. In an attempt to overcome them, he preferred the point of view of the philosophy of Buddhism. The conclusion that he has drawn in the preface of this edition is that the study should begin with a systematization of antiquity.


Author(s):  
Anna D. Bertova ◽  

Prominent Japanese economist, specialist in colonial politics, a professor of Im­perial Tokyo University, Yanaihara Tadao (1893‒1961) was one of a few people who dared to oppose the aggressive policy of Japanese government before and during the Second World War. He developed his own view of patriotism and na­tionalism, regarding as a true patriot a person who wished for the moral develop­ment of his or her country and fought the injustice. In the years leading up to the war he stated the necessity of pacifism, calling every war evil in the ultimate, divine sense, developing at the same time the concept of the «just war» (gisen­ron), which can be considered good seen from the point of view of this, imper­fect life. Yanaihara’s theory of pacifism is, on one hand, the continuation of the one proposed by his spiritual teacher, the founder of the Non-Church movement, Uchimura Kanzo (1861‒1930); one the other hand, being a person of different historical period, directly witnessing the boundless spread of Japanese militarism and enormous hardships brought by the war, Yanaihara introduced a number of corrections to the idealistic theory of his teacher and proposed quite a specific explanation of the international situation and the state of affairs in Japan. Yanai­hara’s philosophical concepts influenced greatly both his contemporaries and successors of the pacifist ideas in postwar Japan, and contributed to the dis­cussion about interrelations of pacifism and patriotism, and also patriotism and religion.


1886 ◽  
Vol 3 (8) ◽  
pp. 359-367
Author(s):  
J. H. Collins

My argument that at Porthalla there is a “passage” from hornblende-schist to serpentine; or rather that some beds of a common series have been changed into serpentine, others into hornblende-schist, and others again into a substance of intermediate character, is, I think, much strengthened by the fact that many such “apparent passages” are admitted to exist by all those who have examined the Lizard Coast with any degree of detail. De la Beche's description of that seen near the Lizard Town is as follows, and it would apply equally well to the others. “The hornblende slate,” he says, “supports the great mass of the Lizard serpentine with an apparent passage of the one into the other in many places—an apparent passage somewhat embarrassing,” that is, from his point of view; from mine it is perfectly natural. He goes on to say: “Whatever the cause of this apparent passage may have been, it is very readily seen at Mullion Cove, at Pradanack Point, at the coast west of Lizard Town, and at several places on the east coast between Landewednack and Kennick Cove, more especially under the Balk … and at the remarkable cavern and open cavity named the Frying-Pan, near Cadgwith.” At Kynance some of the laminse of serpentine are not more than one-tenth of an inch in thickness for considerable distances.


The investigation of development described in a previous communication was extended by the application of microscopic methods. The fact that both the silver haloid and the resulting silver are distributed through the film in the form of particles of minute but measurable size, allows us in this way to detect finer qualitative differences in, and to draw independent deductions on the processes of exposure and development. The size of the grain is important, both from the practical point of view and from the theoretical: in the one case as bearing on spectroscopical and astronomical photography, in the other on account of the great importance of the degree of surface-extension for heterogeneous systems. The method has been used previously by Abney, Abegg, Kaiserling, Ebert, and others, but by far the most systematic and important inquiry is that of K. Schaum and V. Bellach.


Philosophy ◽  
2003 ◽  
Vol 78 (3) ◽  
pp. 337-354 ◽  
Author(s):  
A. W. Moore

The author begins with an outline of Bernard William's moral philosophy, within which he locates William's notorious doctrine that reflection can destroy ethical knowledge. He then gives a partial defence of this doctrine, exploiting an analogy between ethical judgements and tensed judgements. The basic idea is that what the passage of time does for the latter, reflection can do for the former: namely, prevent the re-adoption of an abandoned point of view (an ethical point of view in the one case, a temporal point of view in the other). In the final section the author says a little about how reflection might do this.


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