scholarly journals Keberadaan Bank Syariah dalam Tata Hukum Nasional

2019 ◽  
Vol 2 (1) ◽  
pp. 45
Author(s):  
Aristoni Aristoni

<p>The presence of Islamic banks operating on a profit sharing system is the beginning of the history of the growth of Islamic banks in Indonesia as an effort to meet the needs of the people who want banking products and services that are not interest-based, and are not speculative or not violating the principles of justice and togetherness. In addition, the birth of Islamic banks is also an opportunity for Muslims to use to relate calmly without hesitation because it is based on strong religious motivation in mobilizing public funds to finance economic development towards the welfare of many people. The existence of Islamic banks in the national legal system has a strong foothold after the enactment of Law Number 7 of 1992 concerning Banking which has substantially regulated banking business activities that have an operational basis for profit sharing. Provisions for profit sharing contained in these laws and regulations have been used as the legal basis for the operation of Islamic banks in Indonesia.<em> </em></p>

Author(s):  
Sarwar Uddin Ahmed ◽  
Ashikur Rahman ◽  
Samuel Parvez Ahmed ◽  
G M Wali Ullah

<p><em>Islamic banking is based on profit and loss mechanism where the use of interest is prohibited.  Unlike conventional banks, these banks do not charge a specific rate of interest, rather provides financing in exchange for profit sharing.  However, there are studies claiming that, in practice, Islamic banking is same as conventional banking with regard to the use of interest. It is also claimed that, Islamic deposits are not interest-free, but are closely attached to conventional deposits.  On this background, the objective of this study is to examine the relationship between pricing in Islamic banks vis-à-vis conventional banks by taking the case of Bangladesh. We have used monthly data during the period of 2009-2013. The findings of the study showed that, there is no statistically significant difference between the monthly average lending rates of Islamic banks and conventional banks. However, there is significant difference between deposit rates. The existence of causal relationship was inconclusive, and requires further analysis.</em></p>


2006 ◽  
Vol 09 (03) ◽  
pp. 269-280 ◽  
Author(s):  
SIMON ARCHER ◽  
RIFAAT AHMED ABDEL KARIM

Islamic banks do not pay interest on customers' deposit accounts. Instead, customers' funds are placed in profit-sharing investment accounts (PSIA). Under this arrangement, the returns to the bank's customers are their pro-rata shares of the returns on the assets in which their funds are invested, and if these returns are negative so are the returns to the customers. The bank is entitled to a contractually agreed share of positive returns (profits) as remuneration for its work as asset manager; however, if the returns are zero or negative, the bank receives no remuneration but does not share in any loss. In the case of Unrestricted PSIA, the investment account holders' funds are invested (i.e., commingled) in the bank's asset pool together with the bank's shareholders' own funds and the funds of current account holders. In that case, the bank's own funds that are invested in the asset pool are treated the same as those of Unrestricted PSIA holders for profit and loss sharing purposes; however, the shareholders also receive as part of their profit the remuneration earned by the bank as asset manager (less certain expenses not chargeable to the PSIA holders). This remuneration (management fees) represents an important source of revenue and profits for Islamic banks. From a capital market perspective, this arrangement presents an apparent anomaly, as follows: shareholders and Unrestricted PSIA holders share the same asset risk on the commingled funds, but shareholders enjoy higher returns because of the management fees. On the other hand, competitive pressure may induce the bank to forgo some of its management fees in order to pay a competitive return to its PSIA holders. In this way, some of the PSIA holders' asset risk is absorbed by the shareholders. This phenomenon has been termed "displaced commercial risk" [2]. This paper analyzes this phenomenon. We argue that, in principle, displaced commercial risk is potentially an efficient and value-creating means of sharing risks between two classes of investor with different risk diversification capabilities and preferences: wealthy shareholders who are potentially well diversified, and less wealthy PSIA holders who are not. In practice, however, Islamic banks set up reserves with the intention of minimizing any need to forgo management fees.


2020 ◽  
Vol 4 (1) ◽  
pp. 48
Author(s):  
Muhamad Nafik Hadi Ryandono

The profit-sharing system is the main characteristic of Islamic banking that distinguishes them from conventional (ribawi) banking. However, in reality, the profit-sharing contract is rarely implemented in Islamic banking. As a result, Islamic banking is still identified as ribawi banking. Many Islamic economists have examined the reasons behind fixed income contracts, especially murabahah contract that applied predominantly, structurally, systematically and massively compared to the profit-sharing contract. Therefore, with a critical analytical approach, this study aims to dismantle and look for solution towards exploitation of fixed income-based financing in Indonesian sharia banking. The results of this study are fixed income-based financing should be applied limited to covering the operational costs of Islamic banks but the remainder must be channelled based on profit-sharing systems. Meanwhile, funding for profit-sharing systems is intended to gain profits and cover the operational cost variables. Thus, predatory exploitation of Islamic banks in Indonesia can be minimized by maintaining the composition of the maximum financing about forty per cent which is a fixed-yield based and leave the rest to a profit-sharing system. Then, the more equitable Islamic bank system and Islamic economic goals will be created and offer benefits such as the achieving of the objectives of Islamic sharia (maqashid shariah) and minimizing the image of Islamic banks as ribawi bank.


Rangifer ◽  
2005 ◽  
Vol 25 (3) ◽  
pp. 51
Author(s):  
Gaute Elvesæter Helland ◽  
Jan Stokstad

From the middle of the 18th century there have been domesticated reindeer herds in the mountains of South-Norway. The people living in these areas, mostly farmers and hunters, bought reindeer from the Sami further east and north. Or Sami families came with their reindeer and started a new living. These events took place in many regions such as Setesdal, Hardangervidda, Hardanger, Voss, Hallingdal, Valdres, northern Gudbrandsdalen, Norefjell and Rendalen. In 1962 there were 20 000 tame reindeer held by 14 reindeer companies in southern Norway. Today five of these companies still exist. The reindeer owners have organized themselves as joint companies and to be a shareholder one must be living in the local municipality. The four companies in Valdres and northern Gudbrandsdalen keep in all about 11 000 reindeer in the winter herd which produces about 190 tons of reindeer meat each year. The legal basis of this reindeer management is regulated through agreements between the owners of the rough grazing properties and the company. In large areas the Norwegian State is the landowner, and in these cases the so-called Mountain law of 1975 regulates the agreement. The ways of managing the companies will be a matter of adjusting the management to all the other events in society. The structure of the herd, the extent of tameness and degree of domestication are key requisites. It is also of major importance that society supports this kind of management and regards the traditions and the long history of local interests in reindeer management. A future challenge will be to get these ways of living secured and warranted by law.


2022 ◽  
Vol 27 ◽  
pp. 423-436
Author(s):  
Anggraeni Anggraeni ◽  
Yulis Maulida Berniz

This study aims to determine the effect of asset quality variables (Non-Performing Financing), Profit and Loss Sharing (profit-loss sharing investment and profit-sharing investment account), capital adequacy ratio, bank size, return on assets, and gross domestic product on Islamic banking liquidity in Indonesia. The analysis was conducted using a sample of 7 Islamic commercial banks from the period March 2015 to December 2019. This study uses 2 multiple regression models of panel data with the results showing that Non-Performing Financing, profit-loss sharing investment, bank size, gross domestic product affect the liquidity of Islamic banks. , then for-profit sharing investment account, capital adequacy ratio, return on assets, does not affect the liquidity of Islamic banks.


2019 ◽  
Vol 3 (1) ◽  
pp. 48-57
Author(s):  
Muhammad Rijalus Sholihin ◽  
Abdul Mun’im

Islam is the religion that is most widely adhered to by the people of  Indonesia, so it is not surprising that since before the year two thousand Islamic banks have emerged in this country, starting from Bank Muamalat which was first in Indonesia and then independent Islamic Banks to various conventional banking systems which opened the. In Islamic banking itself, there are many products offered, ranging from pure savings, financing to Islamic banking services like a conventional one, but there are fundamental principles that distinguish between the two. Therefore there is a need for further understanding of Islamic banking products Through this research, it is expected that the implementation and system of profit sharing in the Mudharabah contract in sharia accounting will be well known and in accordance with Sharia PSAK and the fatwa of the national sharia council (DSN). The results of this study are that the results of the mudharabah contract and sharia accounting are of two types, namely profit loss sharing, and revenue sharing, these two methods can be used in determining profit sharing in carrying out mudharabah contracts.


2020 ◽  
Vol 17 (1) ◽  
pp. 123-135
Author(s):  
Merison Merison ◽  
Elvina Rahmi ◽  
Ridho Nur ◽  
Elfia Elfia

This article discusses the history of economic thought in the third century. Islam has provided all the guidelines or guidelines for humans to live in the world, both morally and economically. One of the most important economic activities that Islam promotes is the Qur'anic trade, and the hadith explains much about the profession. Where business is essential for the survival of humankind as civilization progresses on the surface of the earth, especially in the field of commerce where every trader competes for profit. Unfortunately, as the civilization of the traders begins to do everything to profit without regard to the rules laid down in the Shari'ah, One of the ways traders can benefit from unhealthy habits is to practice Siyasah al-Ighraq (dumping). And the people who talk about this are Yahya Bin Umar and Ahmad Bin Hanbal. The method in this study is library research aimed at studying the concept of a legal matter, using descriptive-analytical methods, normative-economic, and sociological approaches. The results show that the focus of Yahya bin Umar's attention is on the market rules that are reflected in the discussion of the bag (pricing). Implementation of prices (al-tas'ir) is a dominant theme in the book of Ahkam al-Suq, the author of the book, Imam Yahya bin Umar, repeatedly discussing it in various places. Apparently, he wants to say that price existence is an essential thing in a transaction and neglecting it can cause damage to people's lives. Related to this. Yahya bin Umar argues that al-tas'ir (pricing) cannot be done. Likewise, with Imam Ahmad, he criticized buyers who bought other people's goods at the same time. A seller who loses his price will monopolize the commodity, and if there is no competition, he can give it whatever he wants. Be more careful when making decisions. Imam Ahmad requested that such cases be remedied to avoid monopoly and other unpleasant practices.


2016 ◽  
Vol 1 (1) ◽  
pp. 41-54
Author(s):  
Rabia Rasheed ◽  
Ajay Chauhan

The history of banking is as old as Islam but the histoy of Islamic banking is only half a century old. It is agreed that Islamic banking started with a saving bank based on profit sharing in Mit Ghamr, Egypt in 1963. But, the first proper Islamic bank is deemed to be the Nasser Social Bank in 1971, again in Egypt. In 2013, after 50 years, there are about 400 Islamic banks and institutions in 53 countries with a fund based of USD 992 billion and asset based of USD 1.3 trillion. When Islamic banking started, Malaysia was busy with independence. Therefore, the start of Islamic banking in Malaysia was delayed by two decades. Malaysia passed Islamic banking Act in 1983 to start Bank Islam Malaysia Berhad with a capital based RM 80 million. The next three decades saw a tremendous growth. By 2013, there were 16 domestic and 5 international Islamic banks in Malaysia with an asset based of RM 442 billion, which does not include 15 Takaful operators. In spite of this tremendous growth, Islamic banking does not compare with conventional banking in terms of volume and acceptability. There have been studies which show that while 80% of the banking customers in Malaysia are aware of Islamic banking, but were not aware of Islamic banking products like Ijarah, Murabahah, etc. This conceptual paper brings out the challenges of marketing Islamic banking products in Malaysia and traces the roots of the problem to the lack of customer centricity.


2021 ◽  
Vol 5 (1) ◽  
pp. 28-40
Author(s):  
Zulfikar Hasan

The objective of my research is to observe at the relationship between receivables, profit-sharing financing to total assets at BNI Syariah Bank from 2016-2020. Total assets in BNI Syariah frequently endure fluctuations in total assets each year, whether receivables and profit-sharing financing have a significant effect on variable Y (total assets). The method that researchers run is a quantitative method using the help of SPPS software, while the variables that influence are the dependent variable receivables and profit-sharing financing. The funding channelled by BNI Syariah is essentially the same as other Islamic banks in Indonesia. Because it still uses an agreement that has long practised in the Islamic banking system, such as the Murabaha contract for the provision of receivables, Mudharabah and Musyarakah contracts for profit sharing between customers and banks. The relationship between Receivables and Revenue Sharing Financing has a positive correlation between variables. This research can also provide some connection between Murabahah and Musharaka which are one of the main product sources of BNI Syariah bank. The originality of the research that the researcher makes is his own, it is not copied and that the researcher's research idea is new and can add new knowledge.


Author(s):  
Ade Mai Charly ◽  
Kurnia Warman ◽  
Zefrizal Nurdin

The agreement for profit sharing carried out in Nagari Sungai Durian, Padang Pariaman district is to implement a profit sharing agreement in verbal form based on agreement between landowners and cultivators, and trust between landowners and cultivators. based on Production Sharing Agreements rules in Indonesia, form of agreement for profit sharing must be in written form. the form of the agreement made in Nagari Sungai Durian Padang Pariaman Regency is in the form of oral because the production sharing agreement made verbally has been done hereditary and has become a habit by the people in Nagari. The right of the landowner is to accept the distribution of land yields in accordance with the agreement of the parties, while the obligation of the landowner is to surrender the land to the cultivator, and the right of the cultivator is to accept the distribution of land according to the agreement. the land he cultivated well for the landowner. Production sharing agreements made orally in Nagari Sungai, Padang Pariaman Regency are invalid because the agreement does not meet the nature of customary law, which is concrete and does not fulfill Law Number 2 of 1960 concerning production sharing agreements contained in article 3 paragraph (1) which states , the profit sharing agreement must be in written form and there must be two witnesses between the two parties


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