scholarly journals PENYELESAIAN SENGKETA PERBANKAN SYARIAH DI INDONESIA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Murtadho Ridwan
Keyword(s):  
Low Cost ◽  
Islamic Banking ◽  
Banking And Finance ◽  
Left Behind ◽  
Arbitration Board ◽  
Banking Business ◽  
Judicial Authority ◽  
Settlement Of Dispute ◽  
Religious Courts

The development of sharia banking and finance institutions is so fast,but in terms of laws and regulatory regulations are still left behind. Among the regulations that still need to be addressed is the regulation related to the settlement of dispute sharia banking business. Where in this case there are still juridical problems, namely the dualism of judicial authority in the settlement of Islamic banking disputes. The result of the study shows that the settlement of Islamic banking dispute in Indonesia can be done through two lines, both litigation and nonlitigation channels. Religious Courts are the competent jurisdiction to resolve Islamic banking disputes on litigation channels, while through non-litigation channels can be done through deliberation, banking mediation, shariah arbitration and judiciary within the General Courts. The National Shariah Arbitration Board (BASYARNAS) is the most strategic forum for resolving the dispute over sharia banking because BASYARNAS can resolve disputes quickly, simply, and at a low cost. Keywords:sharia,dispute,jurisdiction,litigation<br /><br />

scholarly journals PENYELESAIAN SENGKETA PERBANKAN SYARIAH DI INDONESIA

2020 ◽  
Vol 8 (2) ◽  
pp. 157-171
Author(s):  
Dewi Utami Sari
Keyword(s):  
Dispute Resolution ◽  
Financial Institutions ◽  
Low Cost ◽  
Legal Regulations ◽  
Arbitration Board ◽  
Judicial Authority

The development of financial institutions and syaria banking is so fast, but in terms of legal regulations it still lags. Among the regulations that still need to be improved is the regulation of resolute dispute syaria banking. Where in this case there is still a juridical problem there is dualism of judicial authority in the resolute dispute syaria banking. The results showed that the dispute resolution of syaria banking in Indonesia can be done through two ways, both litigation and non-litigation.Religion Court has the authority to resolve syaria banking disputes on litigation ways, while the non-litigation can be done through deliberation, banking mediation. National Sharia Arbitration Board is the most strategic forum for resolving disputes about banking Sharia outside the court because it could resolve the dispute quickly, simply and at low cost.

scholarly journals Penyelesaian Sengketa Perbankan Syariah di Indonesia

2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Nurul Ichsan
Keyword(s):  
Economic Institutions ◽  
Islamic Banking ◽  
Arbitration Board ◽  
Islamic Economic ◽  
Settlement Of Disputes ◽  
Religious Courts ◽  
Optimal Implementation ◽  
Economic Institution

This article discussed the settlement of disputes that occur within the Islamic economic institutions (LES). Before being taken to the court, the case of the dispute between the customer and Islamic banking can be solved by consensus or reconciliation (ishlah). Other choice is arbitration Indonesia through sharia arbitration institution called as BASYARNAS (National Arbitration Board). This is what made the different between conventional banking and Islamic economic institution in Indonesia. In Indonesia, there is now also a new provision regarding the institution of the Religious Courts. Although it not optimal implementation, It serves adjudicate disputes that occur between the customer and Islamic banks.DOI: 10.15408/ajis.v15i2.2867

scholarly journals Penjadwalan Kembali (Rescheduling) Tagihan Murabahah di Bank Rakyat Indonesia Syariah (BRIS) Kota Pekanbaru Berdasarkan Hukum Islam

2016 ◽  
pp. 60-74
Author(s):  
Taufiqul Hulam ◽  
Muhammad Azani
Keyword(s):  
Data Sources ◽  
Islamic Banking ◽  
Legal Study ◽  
Arbitration Board ◽  
Religious Courts ◽  
Research Show

Rescheduling Murabaha bill on Islamic banking is suspected to add the amount of remaining bill that is unclearly allocated and categorized as usury. The research is a socio-legal study by using primary, secondary and tertiary data sources. The data are collected through observation, interview and documentation. The results of the research show that firstly, rescheduling the murabaha bill in Bank Rakyat Indonesia Syariah (BRIS), Pekanbaru City branch is to make a new contract of the rescheduling, while the previous contract is declared null and void. Secondly, in fact, BRIS Pekanbaru City branch does not fully apply the provision that the amount of Murabaha bill can not be increased. In practice, BRIS only calculates the amount of months that become the customer’s responsibility by reducing the amount of installments, and does not calculate the amount of Murabaha remaining bill before rescheduling. Thirdly, if the party does not fulfill his/her obligations or if there is a dispute between the parties, the dispute will be settled through mutual consultation, the National Sharia Arbitration Board and the Religious Courts. The parties can primarily conduct deliberations to solve the problems.

Execution of Security Rights in Islamic Banking at The Religious Court of Purbalingga

2016 ◽  
Vol 1 ◽  
pp. 287-297
Author(s):  
Nita Triana
Keyword(s):  
Field Research ◽  
Economic Security ◽  
Islamic Banking ◽  
Actual Situation ◽  
Legal Research ◽  
Security Interest ◽  
Final Verdict ◽  
Islamic Economic ◽  
Religious Courts

This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in  the  Purbalingga  Religious  Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the  Structure  of  Purbalingga Religious Court  carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor  State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court  carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.

Islamic Banking in Nigeria: Issues and Prospects

2016 ◽  
Vol 4 (2) ◽  
pp. 34 ◽  
Author(s):  
Nuruddeen Abba Abdullahi
Keyword(s):  
Public Awareness ◽  
Banking System ◽  
Islamic Banking ◽  
Secondary Sources ◽  
Banking And Finance ◽  
Adequate Knowledge ◽  
Islamic Religion ◽  
Developmental Opportunities ◽  
The Subject ◽  
Nigerian Banking

The Nigerian banking reform precipitated the adoption of Islamic banking and finance in 2009 as additional door to banking mechanism in the country. However, the implementation of the Islamic banking or non-interest banking has generated a lot of debate, specifically because its foundations are based on Islamic religion. This paper briefly reviews the concept, the challenges and prospects of Islamic banking in Nigeria. The paper relies on the secondary sources by reviewing and analysing various works on the subject. A reflection on the size of its population and the developmental opportunities indicates that Nigeria has the prospect of becoming the hub centre of Islamic finance in Africa. Yet there are numerous challenges to the development of the Islamic banking system in the country, including misrepresentation of the system, lack of linkages and investment institutions, lack of adequate knowledge, as well as shroud business ethos and corruption, which is endemic in the country. The paper recommends the need for greater public awareness about Islamic banking and creation of enabling environment (i.e. the legal, accounting and taxation systems) for the working of Islamic financial system.   

Islamic Banking and Finance in Theory and Practice

2005 ◽  
Vol 22 (2) ◽  
pp. 69-86 ◽  
Author(s):  
Abdus Samad ◽  
Norman D. Gardner ◽  
Bradley J. Cook
Keyword(s):  
Financial System ◽  
Primary Objective ◽  
Theory And Practice ◽  
Islamic Banking ◽  
Relative Importance ◽  
Islamic Banks ◽  
Equity Financing ◽  
Banking And Finance ◽  
Financial Products ◽  
Islamic Bank

This paper’s primary objective is to identify the relative importance of various Islamic financial products, in theory and in practice, by examining the financing records of the Bank Islam Malaysia (Berhad) and the Bahrain Islamic Bank. Currently, seven available Islamic financing products are considered viable alternatives to interest-based conventional contracts: mudarabah (trust financing), musharakah (equity financing), ijarah (lease financing), murabahah (trade financing), qard al-hassan (welfare loan), bay` bi al-thaman al-ajil (deferred payment financing), and istisna` (progressive payments). Among these financial products, mudarabah and musharakah are the most distinct. Their unique characteristics (at least in theory) make Islamic banks and Islamic financing viable alternatives to the conventional interest-based financial system. The question before us is to determine the extent of mudarabah and musharakah in Islamic financing in practice. The data are as follows: the average mudarabah is 5% of total financing, and the average musharakah is less than 3%. The combined average of mudarabah and musharakah for the two Islamic banks is less than 4% of the total finance and advances. The average qard al- hassan is about 4%, while istisna` does not yet exist in practice. Murabahah is the most popular and dominates all other modes of Islamic financing. The average use of murabahah is over 54%. When the bay` bi al-thaman al-ajil is added to the murabahah, the percentage of total financing is shown to be 2.68%. This paper also explores some possible reasons why these two Islamic banks appear to prefer murabahah to mudarabah and musharakah.

Fudhuli Transactions:Potential Applications and Parameters

2021 ◽  
Vol 12 (3) ◽  
pp. 2801-2811
Author(s):  
Ahmad Zakirullah Mohamed Shaarani Et.al
Keyword(s):  
Islamic Finance ◽  
Islamic Banking ◽  
Banking And Finance ◽  
Library Research ◽  
Do So

Tasarrufal-Fudhuli refers to transactions or contracts carried out by a person who does not have the authority or legitimacy to commit the transaction, and these contracts include exchange contracts such as sales, rent and services, or charitable contracts such as representation/wakalah, hibah, loans, guarantees, and so on. In the context of Islamic finance, although it is a type of transaction that is argued and debated by the jurists and fuqaha, some have begun to realize its great potential in keeping with current developments, especially in the field of Islamic banking and finance. Besides looking at Fudhuli in terms of its meaning and the Shariah rules that govern it, the main focus of this study is the discussion of its dhawabhit/ parameters as it has its own risks associated with it compared to other established types of Islamic contracts. The study utilizes a full library research by analyzing scholar`s debates and their arguments on this kind of contract, the contract`s potential, followed by analyzing the parameters that should be adopted in operationalizing this contract together with the discussion on the issues of fudhulithat are relevant to current Islamic banking and finance operations. The results of this study show that the views that allow this contract has strong arguments, and that it has also been widely practiced outside of Malaysia, but is relatively new in Malaysia. While it is permissible, however, some parameters must be put in place so that it is not in conflict with Shariah, and comply with the Shariah requirement of each contract done on a fudhuli basis. There must also be an urgent and genuine need to do so, and not involve ribawi items that require immediate delivery of the asset, as well as the existence of a council or body that controls and monitors the process and implementation by the involved parties

scholarly journals Dispute Settlement Practices through the Religious Court’s Mobile Court (Sidang Keliling)

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (3) ◽  
pp. 287
Author(s):  
Hazar Kusmayanti ◽  
Sherly Ayuna Puteri
Keyword(s):  
Control System ◽  
Dispute Settlement ◽  
Low Cost ◽  
Effective Control ◽  
Circuit Court ◽  
Procedural Law ◽  
To Come ◽  
Circuit Courts ◽  
Religious Courts

This research is attempted to analyze the practices of mobile court and compare it with others. Based on the results of the study, the conclusions that can be obtained are that the implementation of the circuit court conducted at the Tasikmalaya District Religious Court has fulfilled several principles of civil procedural law, namely fast, simple and low cost. Among them when people who experience obstacles to come to the court office for reasons of distance, transportation and costs of the court come directly to the location, the bureaucracy is not complicated meaning that the implementation of the trial must be completed no later than 4 times the hearing, and the existence of an effective control system and various elements. Obstacles in the conduct of circuit courts include no standard guidelines for the holding of circuit courts, not all cases registered by residents are resolved in circuit courts, limited budgets, cases that have not been heard are all without prodeo, facilities and infrastructure, and not all religious courts hold circuit courts.

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