scholarly journals REVIEWING THE FATWAS RELATED TO FINTECH APPLICATIONS IN ISLAMIC FINANCIAL INSTITUTIONS IN INDONESIA

2020 ◽  
Vol 9 (2) ◽  
pp. 206
Author(s):  
Nunung Nurlaela ◽  
Muthi Luthfiyana ◽  
Andini Sulastri ◽  
Evy Sulvy Wahyunita
Keyword(s):  
Financial Institutions ◽  
Legal Status ◽  
Economic Perspective ◽  
Research Subjects ◽  
Electronic Money ◽  
Sharia Law ◽  
Islamic Countries ◽  
Islamic Financial Institutions ◽  
Islamic Economic ◽  
Debit Cards

The tendency of the community towards halal products is currently increasing, not only related to objects/goods but also related to muamalah/interactions. The development of the latest fintech applications needs to be examined and detailed again, to be linked with related sharia law. In addition to examining legal status, an interesting thing to develop is how to formulate a fintech application that is following the Islamic economic perspective. Therefore, it is crucial to always review the National Sharia Board – Indonesian Council of Ulama (Dewan Syariah Nasional – Majelis Ulama Indonesia – DSN-MUI)’s fatwa related to fintech applications in Islamic financial institutions (LKS). The results of this study will be used as input for DSN-MUI to formulate policies and fatwas that is issued. This research is a qualitative type. The research subjects are; (1) Sharia Cards, (2) Sharia Charge Cards, (3) Transfers and Collections, (4) Payment Services, and (5) Sharia Electronic Money. There are differences in the bases for determining the contract of each of these products between Islamic countries. The results of this study indicate that: (1) the sharia card product is more appropriate to use the hawalah contract than the kafalah contract, and it is necessary to fix fines due to maturity, monthly fees that are not related to the amount of debt, and to write off merchant fees; (2) Sharia Charge Card products should use a hawalah contract rather than a kafalah contract and need to eliminate fines due to late payment; (3) the use of the wakalah contract on transfer and collection products is correct; (4) payment service products that use a wakalah and ijarah contract should be sufficient to use one of the two; and (5) electronic money can function as money, with transactions using the hawalah principle, as well as debit cards (wadi'ah principles). So, four improvements are proposed to the DSN-MUI fatwas related to the fintech application.========================================================================================================Tinjauan Terhadap Fatwa Terkait Penerapan Fintech pada Lembaga Keuangan Syariah di Indonesia. Kecenderungan masyarakat terhadap produk-produk halal saat ini semakin meningkat, tidak hanya terkait dengan benda/barang namun juga terkait muamalah/interaksi. Perkembangan aplikasi fintech terbaru perlu dicermati dan didetailkan lagi, untuk dikaitkan dengan hukum syariat terkait. Selain pencermatan status hukum, hal yang menarik untuk dikembangkan adalah bagaimana merumuskan aplikasi fintech yang sesuai dengan pandangan ekonomi Islam. Oleh karena itu sangat perlu untuk selalu meninjau fatwa DSN-MUI terkait aplikasi fintech pada lembaga keuangan syariah (LKS). Hasil kajian ini akan menjadi masukan bagi DSN-MUI untuk merumuskan kebijakan-kebijakan dan fatwa-fatwa yang dikeluarkannya. Penelitian ini berjenis kualitatif. Subjek penelitiannya adalah: (1) Syariah Card, (2) Syariah Charge Card, (3) Transfer dan Inkaso, (4) Jasa Pembayaran, dan (5) Uang Elektronik Syariah. Terdapat perbedaan dasar-dasar penentuan akad dari setiap produk tersebut di antara negeri-negeri Islam. Hasil penelitian ini menunjukkan bahwa: (1) produk syariah card lebih tepat menggunakan akad hawalah dibandingkan dengan akad kafalah, serta perlu membenahi denda akibat jatuh tempo, monthly fee yang  tidak dikaitkan dengan jumlah utang, dan menghapus merchant fee; (2) produk Syariah Charge Card sebaiknya menggunakan akad hawalah dibandingkan dengan akad kafalah serta perlu menghilangkan denda akibat keterlambatan pelunasan; (3) penggunaan akad wakalah pada produk transfer dan inkaso sudah tepat; (4) produk jasa pembayaran yang menggunakan akad wakalah dan ijarah seharusnya cukup menggunakan salah satu dari keduanya; dan (5) uang elektronik dapat berfungsi sebagaimana uang, dengan transaksi menggunakan prinsip hawalah, sebagaimana kartu debit (prinsip wadi’ah). Jadi, diusulkan empat perbaikan atas fatwa–fatwa DSN-MUI terkait aplikasi fintech.

scholarly journals THE DSN-MUI FATWA RELATED TO FINTECH APPLICATIONS IN ISLAMIC FINANCIAL INSTITUTIONS REVIEW

2020 ◽  
Vol 9 ◽  
Author(s):  
Nunung Nurlaela
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Legal Status ◽  
Social Situation ◽  
Research Subjects ◽  
Electronic Money ◽  
The Social ◽  
Islamic Financial Institutions ◽  
Payment Services ◽  
Islamic Economic

ABSTRACT – The tendency of society towards halal products is currently increasing, related to objects and muamalah. The development of the fintech applications needs to be tested or detailed again. Apart from examining this legal status, an interesting thing to develop is how to formulate a fintech application in accordance with the Islamic economic viewpoint. Therefore it is very necessary to always review the DSN-MUI fatwa regarding fintech applications in Islamic financial institutions. The results of this study will be an input for the DSN-MUI to formulate policies and fatwas. This research is a qualitative type. Through qualitative research, it is expected to be able to see phenomena more broadly and deeply in accordance with what is happening and developing in the social situation under study. The research subjects in this study are: (1) Sharia Card, (2) Sharia Charge Card, (3) Transfer and Collection, (4) Payment Services, and (5) Sharia Electronic Money. The results of this study indicate that: (1) the sharia card product is more appropriate to use the hawalah contract compared to the kafalah contract, and it is necessary to fix overdue fines, montly fees that are not related to debt, and remove merchant fees; (2) Sharia Charge Card products should use a hawalah contract rather than a kafalah contract and need to eliminate overdue fines; (3) the use of the wakalah contract on transfer and collection products is correct; (4) payment service products that use a wakalah and ijarah contract should only use one of them; and (5) electronic money can function like money, and there is no gharar case in this electronic money, and allows administration money and card making, and the transactions uses the hawalah principle. So, five improvements are proposed to the DSN-MUI fatwas related to fintech applications.

scholarly journals The Principles of Law of Negligence as Causes of Compensation in the Sharia Economic Law in Indonesia

Al-Ulum ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 53-78
Author(s):  
Asyari Hasan ◽  
Alimin Alimin ◽  
Rizal Fahlefi ◽  
Desmadi Saharuddin
Keyword(s):  
Financial Institutions ◽  
Careful Consideration ◽  
Legal Principles ◽  
Economic Law ◽  
Positive Law ◽  
Islamic Financial Institutions ◽  
Islamic Economic

This study discusses what are the concepts of legal principles of negligence as a cause of compensation contained in the positive Indonesian Islamic economic law concerning the implementation of contracts for Islamic financial institutions that are studied in a qualitative-normative exploratory manner. This study indicates that there are six legal principles of negligence as a cause of compensation in the positive law of Indonesian sharia economy, namely: 1) carried out with careful consideration, 2) carried out appropriately, 3) carried out carefully, 4) business activities may not exceed permitted limits, 5) business activities must be in line with the provisions stipulated in the contract (not violating the agreement), and 6) negligence classified as intentional negligence and accidental negligence. While the legal principles of negligence contained in conventional law are currently more complete (11 principles of negligence) than those contained in the positive law of sharia economy (only 6 principles)

Analisis Akad Pembiayaan Murabahah di Bank Syariah Indonesia Cabang Pringsewu

2021 ◽  
Vol 4 (2) ◽  
pp. 300-310
Author(s):  
Sandi Irawan ◽  
Muhammad Iqbal Fasa ◽  
A. Kumedi Ja’far
Keyword(s):  
Economic System ◽  
Financial Institutions ◽  
Human Life ◽  
Science And Technology ◽  
Economic Fundamentals ◽  
Islamic Financial Institutions ◽  
Islamic Economic

Islam as ad-din contains comprehensive and perfect teachings. Islam regulates all aspects of human life, not only aspects of worship, but also aspects of muamalah, especially sharia economics. The Islamic economic system has developed along with the advancement of science and technology. One form of embodiment of the Islamic economic system is the establishment of Islamic financial institutions in the form of banks and non-banks. The role and position of Islamic financial institutions is considered very important, especially in the development of a people's economic system. This is because the priority of Islamic financial institutions is more focused on forming stronger economic fundamentals.

scholarly journals Al-Mashaqqah Tajlib Al-Tays¬ir Makna Dan Implikasinya Dalam Pengembangan Ekonomi Islam

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
M. Dliyaul Muflihin
Keyword(s):  
Economic Development ◽  
Financial Institutions ◽  
Islamic Law ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Equal Distribution ◽  
The Public ◽  
Islamic Financial Institutions ◽  
Islamic Economic

The problem of Islamic economics is also increasingly complex with the large number of banks. To meet the needs of transactions, banks have products that are offered to the public. In accordance with the function of the bank, namely collecting and distributing funds to the public. The purpose of channeling funds by Islamic banks is to support the implementation of development, improve justice, togetherness and equal distribution of people's welfare. This paper will answer what is the meaning of al-mashaqqah tajlib al-taysir and how do the Implications of al-mashaqqah tajlib al-taysir in the development of Islamic economy? The result of research shows that the meaning of the rule of al-mashaqqah tajlib al-taysir is the difficulty of bringing convenience. The point is that if implementing a provision of shara' mukallaf faces obstacles in the form of difficulties and limitations that exceed the limits of reasonable capabilities, then the difficulty automatically creates relief provisions. In other words, if we find difficulty in carrying out something that is to be sharia, then the difficulty becomes a justifiable cause to facilitate in carrying out something that is to be provision of sharia, so that we can continue to run the sharia of Allah easily. The implications raised by the rules of al-mashaqqah tajlib al-taysir are the determination of the law of Islamic financial institutions. This impact is seen when Islamic law allows transactions in Islamic banking financial institutions, so that the community will easily meet the needs by transacting with Islamic banking through contracts that have been agreed upon. Keywords: al-Mashaqqah Tajlib al-Taysir, Islamic Economic Development

Discrepancies in Islamic finance

2020 ◽  
Vol 26 (11) ◽  
pp. 2633-2654
Author(s):  
M.L. Dorofeev ◽  
M.K. Griban'
Keyword(s):  
Financial Institutions ◽  
Economic Model ◽  
Financial Institution ◽  
Economic Effects ◽  
Islamic Finance ◽  
Financial Instruments ◽  
Islamic Financial Institutions ◽  
Unique Nature ◽  
Islamic Economic ◽  
Banking Development

Subject. The article focuses on discrepancies in Islamic finance, the construct of Islamic finance, its profit-generation mechanism, economic effects, unique nature and competition with traditional financial institutions. Objectives. We analyze the Islamic economic model and perform the comparative analysis of Islamic and traditional financial instruments. We also investigate conflicting issues of Islamic finance. Methods. The study involves methods of comparison, deduction, economic analysis and graphic interpretation. Results. We analyze the Islamic economic model to point out some fundamental principles of the Islamic economy, and its strengths. The article overviews types of Islamic financial instruments, compares them with traditional finance. The practical part of the study compares annual financial statements of the Abu Dhabi Islamic Bank and Russia’s Sberbank. We unfold the profit-generating mechanism of Islamic financial institutions and discover discrepancies in Islamic finance. Conclusions and Relevance. Having compared Islamic and traditional finance, we revealed some similar and different aspects. We discovered discrepancies in Islamic finance that translate into the overall nature of the Islamic economy and the performance of the Islamic financial institution above. The findings can be used for further studies into Islamic finance and outlining Islamic banking development strategies at the governmental level. Furthermore, the findings may come in handy to professional and non-professional market actors for making investment decisions.

scholarly journals Implementation Of Electronic Money In Developing Payment Transactions Through Islamic Economic Perspective

2019 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Abdul Majid Toyyibi
Keyword(s):  
Research Method ◽  
Electronic System ◽  
Added Value ◽  
Economic Perspective ◽  
Economic Activities ◽  
Electronic Money ◽  
Business Opportunity ◽  
The World ◽  
Islamic Economic ◽  
Additional Income

<p class="StyleIABSSSLatinBoldGray-80">Abstract</p><p class="IABSSS"><strong>Purpose</strong> - By upholding the value of sharia principles economic activities. Electronic money is a financial transaction that is used by the community as a substitute for cash, and ottopay is part of it, to help become a financial intermediary with an electronic system through QR and billers.</p><p class="IABSSS"><strong>Method</strong><strong> </strong>- The research is based on researching ottopay in its transactions by using a descriptive qualitative.</p><p class="IABSSS"><strong>Result</strong><strong> </strong>- From the research method process used in the study resulted in the study that the implementation of ottopay in topping up by filling directly via the bank ATM or through an agent by clicking the wallet menu then top up and following the steps until the confirmation is successful and the balance is ready whenever it can be used.</p><p class="IABSSS"><strong>Implication</strong> - The existence of the Ottopay system is a support for the community to be able to think forward in the world of finance and technology, in addition, ottopay can be used as a business opportunity to provide benefits in the form of added value in the form of turnover that can be owned by merchants and can be used as additional income for the community.  </p><p class="IABSSS"><strong>Originality</strong> - The implementation of ottopay between users and publishers and users and merchants is in accordance with the rules of the DSN MUI fatwa, therefore the benefits of the ottopay application can guarantee security, easy and practical use so that people's economic turnaround is faster because it has an electronic digital system.</p>

scholarly journals Alternative Interest-Free Financial Institutional Systems for Fair Economy: A Constructive Overview

2019 ◽  
Vol 3 (2) ◽  
pp. 174-183
Author(s):  
Jeni Susyanti
Keyword(s):  
Economic System ◽  
Financial Institutions ◽  
Asset Management ◽  
Financial Management ◽  
Financial Institution ◽  
Market Mechanism ◽  
Human Welfare ◽  
Islamic Financial Institutions ◽  
World Economic ◽  
Islamic Economic

The Islamic economic system can be an option during the current world economic system with its market mechanism that can no longer be controlled by anyone and any system. The Islamic economic system is present as an alternative to the alignment of the economic system in a market order that is just and beneficial for human welfare. Islamic sharia principles in asset management emphasize the balance between individual and community interests, where assets must be used for productive things, especially investment activities which are the basis of economic activity in society. Interest-free financial institutions (Islamic financial institutions) as the implementation of the Islamic economic system include two institutions, namely bank financial institutions and non-bank financial institutions. In carrying out their financial activities, the two types of institutions carry out the main principles in transactions, namely: the prohibition of usury (interest) in various forms of transactions, conducting business, and trading activities based on obtaining legal profits according to sharia, and giving zakat. So that the financial institution must have a financial management strategy, properly and following muamalah fiqh.

scholarly journals PENGENTASAN KEMISKINAN DAN PENGEMBANGAN MASYARAKAT MELALUI MODEL KEUANGAN ISLAM BMT AL-ISHLAH CIREBON

2018 ◽  
Vol 9 (2) ◽  
pp. 101
Author(s):  
Muhammad Awaluddin Ardiansyah
Keyword(s):  
Financial Institutions ◽  
Poverty Reduction ◽  
Islamic Law ◽  
Financial Institution ◽  
Financial System ◽  
Islamic Finance ◽  
Islamic Financial Institutions ◽  
Islamic Economic ◽  
A Charge ◽  
The Right

Although in fact the conventional financial system has manifestly failed in the fair distribution of wealth, but Islamic financial system in Indonesia is not a strong alternative financial system. Market share of Islamic financial institutions are still low below 5% with growth of 34% in 2015. The data indicates the existence of problems in the implementation of the principles of Islamic finance though in terms of potential prospects. Islamic economic principles which have a charge values of justice, divinity, freedom and responsibility, the right should be a system of democratic economy in the economic empowerment of the poor. Some of the reasons based on the analysis of the field to be the cause of them; The first people are still accustomed to a conventional system that has been around longer, the second Islamic financial institutions are not ready completely adopt the Islamic financial system in particular lost Pofit product sharing (PLS), the third implementation of Islamic financial institutions require relatively high operating costs. On the above problems, the authors analyzed qualitatively descriptive of a theme study "Al-Islah BMT Cirebon as Islamic Financing Model for Poverty Reduction and Development". An analysis of the terms of the Muamalat Islamic law and court analyzes considering the author as a community development agency practitioners who use Islamic financial institutions Baitul Maat wa Tamwil (BMT) in technical operations. This simple paper notes that Islamic financial institutions in Indonesia has not fully practice the principles of Islamic finance because of certain interests. That has existed in Indonesia an Islamic financial institution which according to the principles of Islam in practice the empowerment of people out of poverty.

scholarly journals The importance of providing Islamic finance services for non- Muslims in Europe

2018 ◽  
Vol 24 (102) ◽  
pp. 24
Author(s):  
Al Siddig Talha Mohammed Rahma
Keyword(s):  
Financial Institutions ◽  
Insurance Companies ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Islamic History ◽  
The World ◽  
Islamic Financial Institutions ◽  
Islamic Economic ◽  
Muslims In Europe ◽  
Islamic Insurance

Abstract              This paper follows the growing interest and continuity of Islamic finance products worldwide, which has encouraged the formulation of financial institutions based on the concepts of Islamic Sharia in many countries of the world and is no longer limited to Islamic countries only, and  Not exclusive to Muslims which is due to Islamic finance services and their ability to apply in non-Islamic societies, and perhaps what encouraged the development and progress of this industry Islamic history, which was attended by many different models With the development of trade's share between different countries as well as trips carried out by Muslims trade in the world and their role in the spread of Islam in Africa, Asia, Europe and so on.              The paper focuses on the need to direct and allocate Islamic funding to non-Muslims so as not to be exclusive to Muslims only and thus highlights the ability of Islamic economic services and its ability to expand its outreach, this will  help to activating many of the desired objectives and to clarify and reflect the Islamic principles of other societies, and thus achieve the universality of Islam and reduce the manifestations of hostility to Islam and Muslims in the world          The paper concludes that the spread of various Islamic financial institutions in European countries, including banks, Islamic insurance companies and Islamic sukuk, and the establishment of identical institutions in Europe all this confirms the ability of Islamic banking to spread in the world, Islamic banking has emerged as one of the fastest-growing industry sectors over recent years. Islamic Finance has now become a global phenomenon due in large part because it is perceived as less risky than the conventional finance – especially during crises.  

Conceptualizing the duties and roles of auditors in Islamic financial institutions

Humanomics ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 201-213 ◽  
Author(s):  
Radiah Othman ◽  
Rashid Ameer
Keyword(s):  
Economic System ◽  
Financial Institutions ◽  
Work Requirements ◽  
Content Type ◽  
Roles And Responsibilities ◽  
Islamic Perspective ◽  
Finance Industry ◽  
Islamic Financial Institutions ◽  
Conventional Banks ◽  
Islamic Economic

Purpose – The purpose of this paper is to describe the role and responsibilities of Shari’ah auditors in Islamic financial institutions (IFIs) in the auditing process in the IFIs, to highlight capacity building challenges in the Shari’ah auditing industry. Design/methodology/approach – The authors used a legitimacy theory to understand linkages between demand for Shari’ah audit and the role of Shari’ah auditors in IFIs complemented with the review the Accounting and Auditing Organization of Islamic Financial Institutions and Auditing Standard for Islamic Financial Institutions to understand the Shari’ah audit work requirements from an Islamic perspective. Findings – Shari’ah auditing is an emerging field of investigation. There is no doubt that conventional auditing has a significant influence on the auditing frameworks used in IFIs. Western auditing practices are undergoing a metamorphosis to meet the needs of stakeholders in the Islamic economic system. The role and responsibilities of auditors in IFIs are much broader than those found in conventional banks in relation to an examination of a variety of contracts, product structures, transactions reporting, preparation of financial statements, reports, marketing circulars and any other legal documents, which are pertinent to IFIs’ operations. Practical implications – We posit that the absence of a proper Shari’ah auditing framework and standards attuned to the needs of an Islamic economic system could dampen the future of the Islamic finance industry. The regulators and management of IFIs should meet the expectations of the stakeholders to whom they owe a duty of care by selecting competent professionals for auditing work, along with transparent policies and systems. Originality/value – This paper presents an attempt to establish auditors’ roles and responsibilities from an Islamic perspective.

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