scholarly journals The Review on Insolvency of Sharia Insurance Company from the Perspective of Islamic Economic Law in Indonesia (Case Study on Bankruptcy Decision of Asuransi Syariah Mubarakahco. Ltd Number 1016 K/Pdt.Sus-Bankrupt/2016)

2019 ◽  
Vol 3 (14) ◽  
pp. 281
Author(s):  
G Dewi
Keyword(s):  
Insurance Company ◽  
Economic Law ◽  
Islamic Economic

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scholarly journals Implementation of Qawa'id Al-Fiqhiyyah Mazhab Hambali in Islamic Economic

2021 ◽  
Vol 6 (1) ◽  
pp. 61
Author(s):  
Hendrianto Hendrianto ◽  
Hasan Bisri
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Economic Law ◽  
Modern Economy ◽  
Library Research ◽  
Islamic Economic ◽  
Method Approach

Purpose: This research aims to provide knowledge about qawa'id al-fiqhiyyah Hambali sect thought and its application in sharia economic law seen of the four popular rules of jurisprudenceDesign/Method/Approach: This research is library research, using documentation data collection techniques, and data analysis using content analysisFindings: Results showed that qawaid fiqiyyah dissect Hambali's for bidden right speed before the time, over the main push of the lift, badal (substitute) is positioned mubdal (replaced), and the latter considered common practice, while rare, and there is no law to him. The fourth method is able to address the problem Kulli (general), and in particular the problems of legal jurisprudence of Islam among the modern economy, which in this case study can not be separated from AL Quran and Hadits.Originality/Values: The main contribution of this research is to fill the gap in how the implementation of qawa'id al-fiqhiyyah mazhab hambali in Islamic economic law.

scholarly journals The Transaction of Damaged Cash Exchange in the Perspective of Islamic Economic Law (Case Study in Medan City)

2021 ◽  
Vol 3 (1) ◽  
pp. 93-104
Author(s):  
Suhendri Irandi
Keyword(s):  
Application Of Law ◽  
Paper Money ◽  
Economic Law ◽  
Currency Exchange ◽  
Board Of Governors ◽  
The Republic ◽  
Islamic Economic ◽  
The City ◽  
Exchange Transactions

From the discussion of damaged cash exchange transactions carried out by corrupted money collectors in the city of Medan, the author can draw several conclusions, as follows: Currency transactions that are unfit for circulation that occur in the city of Medan are closely related to the concept of the sharf contract in the perspective of Islamic economic law. This is, if we look at it from the object being transacted, namely currency, even though the money is money which is not fit for circulation. In this transaction, the terms and conditions in the sharf contract concept must be fulfilled in it. The application of Law of the Republic of Indonesia Number 7 of 2011 concerning Money Changes in the community has been running, but is still not optimal. This is because there are still many people who do not know or do not understand how to exchange their damaged cash. Most people feel that the damaged cash they have is no longer sold to be spent. In fact, based on the Regulation of Members of the Board of Governors Number 19/13 / PDADG / 2017 concerning Rupiah Currency Exchange, it explains the procedure for exchanging money that is not fit for circulation. In the perspective of Islamic economic law, the practice of changing corrupted money by the corrupt money-seeking community is divided into three opinions. One opinion says, it is legally forbidden'. This opinion argues that the laws that apply to paper money also apply to gold and silver. There are two requirements in the sale and purchase of gold with gold or silver and silver, namely: the same weights and cash in one agreement. Meanwhile, the second opinion is allowed even though there is a difference in the nominal value. Another case is the third opinion which first sees the public's attitude towards money unfit for circulation.

scholarly journals Savings Investments in Sharia Banks in the Perspective of Shariah Economic Law (Case Study at “Bank Syariah Bukopin”)

2018 ◽  
Vol 1 (2) ◽  
pp. 63-80
Author(s):  
Agus Rojak Samsudin ◽  
Mohamad Anton Athoillah
Keyword(s):  
Storage System ◽  
Case Examples ◽  
Economic Law ◽  
Conventional Banks ◽  
Islamic Economic ◽  
Conventional Bank

There are three motives a person to save funds through savings in the Conventional Bank: security, plans and investment. Implementation of interest system in Conventional banks is a very fundamental constraint for a Muslim to invest his funds in the bank. Because in the view of the scholars of the flower system is identical with the usury (riba) that is forbidden in Islam. It turns out long before the birth of money storage system in conventional bank interest, in classical fiqh literature known the concept and theory of al wadiah and mudharabah which is substantially no differences from the savings and investment savings offered by conventional banks. This paper discusses the theory, concepts and implementation of al wadiah as non-interest investment savings applied in sharia bank in the perspective of shariah economic law, by looking at case examples of the saving products of Bank Syariah Bukopin (BSB). It was found that all investment contracts in savings products offered by BSB were in accordance with the principles of shariah; as outlined in the Qur'an and Sunnah as the basis of Shariah, as well as Law Number 21 Year 2008 and Law no. 10 year 1998, Bank Indonesia Regulation (Peraturan Bank Indonesia [PBI]), Compilation of Islamic Economic Law (Kompilasi Hukum Ekonomi Syariah [KHES]) and Fatwa of National Sharia Board (Dewan Syariah Indonesia [DSN]) Indonesian Council of Ulama (Majelis Ulama Indonesia [MUI])

Dari Idealisme ke Pragmatisme: Pergeseran Paradigma dalam Pengembangan Hukum Ekonomi Syariah di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 191-210
Author(s):  
Addiarrahman Addiarrahman ◽  
Illy Yanti
Keyword(s):  
Focus Group ◽  
Focus Group Discussions ◽  
Group Discussions ◽  
Business World ◽  
Key Informants ◽  
The Public ◽  
Financial Products ◽  
Legal Consideration ◽  
Economic Law ◽  
Islamic Economic

This study seeks to understand the pragmatism of the development of sharia economic law, and its implications for Islamic financial products in Indonesia. The data comes from the results of interviews and focus group discussions with key informants from academics, practitioners, authorities, and the public. This research finds that pragmatism in the development of Islamic economic law is an approach that still dominates the DSN-MUI fatwas. The pragmatism style used is complex-eclectic pragmatism which is represented through makhārij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysīr al-manhajī". The use of this method is intended to ensure that the fatwa is truly able to answer the needs of the business world, as well as being in line with sharia principles. DSN-MUI also does not use maslahah as a legal consideration in a free or liberal way. Rather, it returns maslahah in consideration of the method, so that it is permissible to use the bay’ al-'inān contract only in a forced state (ḍarurah).

Comparative Study Of Islamic Economic Law And The Capitalist

2018 ◽  
Vol 16 (2) ◽  
pp. 104
Author(s):  
Tesa Mellina ◽  
Mohammad Ghozali
Keyword(s):  
Economic System ◽  
Capitalist System ◽  
Economic Problems ◽  
Economic Law ◽  
The Poor ◽  
Economic Practice ◽  
The World ◽  
Islamic Economic ◽  
Economic Injustice ◽  
Islamic Values

The implementation ofthe capitalist system has eliminated the Islamic values in economic practice. After the financial crisis hit the world, the capitalist system reaped many questions and its greatnessbegins to be doubted. The capitalist system implementationprecisely creates new problems in the economy. The concept of individualism which is the main key in capitalist practice only creates economic injustice and misery of the poor. The only economic theory that is expected as a light in dealing with economic problems is an economic system that is able to create justice,the welfare of all parties and blessings both the world and the hereafter. The theory is the Islamic economics which in practice is inseparable from Islamiceconomic law. Islamic economic law that underlies the Islamic economic system is totally different from the capitalist economic system.Keywords: Islamic Economic Law; Islamic economics; Capitalist Economy

Dealing with Misselling: Impact of Behavioural Interventions on Insurance Agents

2021 ◽  
pp. 263145412098771
Author(s):  
Biju Dominic ◽  
Reshmi
Keyword(s):  
Control Mechanism ◽  
Self Control ◽  
Insurance Company ◽  
Ethical Challenges ◽  
Behavioural Interventions ◽  
Insurance Agents ◽  
Insurance Policies ◽  
Ethical Violations ◽  
Long Run

This case study is about misselling of insurance policies and associated ethical challenges in a leading insurance company. Pro-organisational ethical violations mostly remain unnoticed and are often protected by implausible explanations. In the long run, persistent rationalisation makes malpractices a norm. The present work describes the interventions applied by a consulting firm to bring behavioural integrity. The consulting firm found that socialisation, rationalisation and institutionalisation considerably influenced people’s behaviour at the workplace and normalised unethical behaviour of insurance agents. It architected the behaviour of salespeople by specifically designed interventions through self-control mechanism and nudges. These interventions developed integrity in employees and reduced the number of cautions, warnings and terminations.

Gedeeld leiderschap en proactiviteit in Het Nieuwe Werken

2015 ◽  
Vol 28 (4) ◽  
Author(s):  
Martine J.H. Coun ◽  
Cees J. Gelderman ◽  
José Pérez-Arendsen
Keyword(s):  
Leadership Styles ◽  
Significant Relationship ◽  
Shared Leadership ◽  
Insurance Company ◽  
New Ways Of Working ◽  
Feedback Culture ◽  
Indirect Impact ◽  
The Individual ◽  
The Impact

Shared leadership and proactivity in the New Ways of Working Shared leadership and proactivity in the New Ways of Working Increasingly, employees are experiencing so-called New Ways of Working (NWW), facilitated by advanced ICT. They must deal with more autonomy and responsibilities in combination with flexibility in time and location of work. It has been argued that NWW combine well with novel leadership styles, such as shared leadership, although this relationship has not been studied before. Similarly, the expected consequences of NWW on proactivity of employees and teams requires academic investigation. This paper reports on a study on the impact of NWW implementation on shared leadership and the proactivity within SNS REAAL (a large banking and insurance company in the Netherlands). The case study is particularly interesting since NWW employees (N = 51) are compared with non-NWW employees (N = 77). The results confirm that NWW have a positive, significant relationship with team proactivity behaviour. In addition, the implementation of NWW can have an indirect impact on the individual proactivity of employees, which is only effective if team proactivity is promoted. Merely implementing NWW will not result in shared leadership. The findings suggest that NWW characteristics, such as an open feedback culture, more autonomy, and internal entrepreneurship, are most effective in the pursuit of proactivity and shared leadership.

Cognitive risk culture and advanced roles of actors in risk governance: a case study

2018 ◽  
Vol 19 (4) ◽  
pp. 327-342 ◽  
Author(s):  
Ruchi Agarwal ◽  
Sanjay Kallapur
Keyword(s):  
Systems Thinking ◽  
Systems Approach ◽  
Risk Governance ◽  
Research Approach ◽  
Insurance Company ◽  
Content Type ◽  
Cognitive Risk ◽  
Risk Culture ◽  
The Uk

PurposeThe purpose of this study is to explore the best practices for improving risk culture and defining the role of actors in risk governance.Design/methodology/approachThis paper presents an exemplar case of a British insurance company by using a qualitative case research approach.FindingsThe case study shows how the company was successful in changing from a compliance-based and defensive risk culture to a cognitive risk culture by using a systems thinking approach. Cognitive risk culture ensures that everybody understands risks and their own roles in risk governance. The change was accomplished by adding an operational layer between the first and second lines of defense and developing tools to better communicate risks throughout the organization.Practical implicationsPractitioners can potentially improve risk governance by using the company’s approach. The UK regulator’s initiative to improve risk culture can potentially be followed by other regulators.Originality/valueThis is among the few studies that describe actual examples of how a company can improve risk culture using the systems approach and how systems thinking simultaneously resolves several other issues such as poor risk reporting and lack of clarity in roles and responsibilities.

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