scholarly journals Analisis Jaminan Dalam Akad-Akad Bagi Hasil (Akad Mudharabah dan Akad Musyarakah) Di Perbankan Syariah

2021 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Aufa Islami

This research is entitled Analysis of Guarantees in Profit Sharing Contracts (Mudharabah and Musyarakah contracts) in Islamic banking. This research was conducted with the aim of analyzing the guarantees contained in profit sharing contracts including the Mudharabah contract and the Musyarakah contract in Islamic Banking. This article research uses a normative approach. The normative approach is used for research from the perspective of fiqh muamalat regarding the position of the guarantee in the profit sharing contract. From this research it can be concluded that basically there is no guarantee for profit sharing contracts, such as mudarabah and musyarakah, except as a guarantee of the possibility of moral hazard being carried out by the contract partners. In practice, Islamic financial institutions, especially Islamic banking, always withdraw material guarantees for the profit sharing contracts they cover with their partners (customers). However, it must be remembered that the withdrawal of the material guarantee must be limited to cases where there is a loss due to unlawful acts, negligence or default by the customer. In the event that the loss occurs beyond the customer's fault, negligence or breach of contract, the guarantee may not be executed.

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Arif Zunaidi Dan Fachrial Lailatul M

Revenue sharing is the mechanism of the profit sharing principle that is now the concern of many people about the existence of Islamic banking which is something new after the Prophet's death, so that a problem arises, is revenue sharing in accordance with maqashid sharia ?. Whereas maqashid sharia is an important basis in formulating Islamic economics which includes Islamic Financial Institutions (LKS) / Islamic Banking. Responding to these questions DSN MUI issued a fatwa number 15 in the year 2000 concerning the principle of distribution of business results in Islamic financial institutions. By using this descriptive-interpretive method, it is intended to find out how revenue sharing is in the maqashid sharia perspective, by giving a whole and systematic picture as a whole. So that, it can be seen that revenue sharing with the issuance of the DSN MUI fatwa on the ability to run a revenue sharing system in Islamic Financial Institutions (LKS) / Islamic Banking is based on several verses of Al-Qur'an and Hadith, and Fiqhiyah Rules. Keywords: Revenue sharing, Maqashid Shari.


Author(s):  
Ishaaq El-Mubarak, A.M.O. ◽  
Abdul Majid Tahir Mohamed

Mudarabah refers to a partnership investment where Rabb-ul-mal (financial provider) provides the fund to mudarib (entrepreneur) so that the latter may invest the fund in profitable commercial joint-ventures or economic enterprises. Mudarabah products are very significant and offered by almost all Islamic financial institutions. This kind of partnership-investment product is yet to be included as a major instrument to be implemented under poverty alleviation programs. Historically, poverty mitigation schemes have been implemented since the birth of independence in Nigeria. Late discovery of Islamic banking concept and products across the nation imparted several challenges on the economy of the country. Different programs had been introduced with the goal of reducing poverty in Nigeria, but none of them showed a significant success. Thus, this paper aims at adopting the mudarabah instrument into the existing schemes with the hope that poverty will be significantly reduced amid society. The paper is qualitative-based research. It uses various documents and content analysis approach to understand and analyze the process of incorporating the mudarabah instrument into poverty alleviation programs across the country. Findings showed that the agenda of reducing poverty is achievable if financial institutions and depositors can give their full cooperation on one edge, and proffer their maximum support in incorporating mudarabah instrument on the other. In light of this, this paper proposes that mudharabah, which is essentially a profit-sharing contract of Islamic banking, should be extended to the ordinary people so that they will become independent in their sustenance. Also, with the implementation of this free-interest mechanism, rich people will be relieved from direct extreme demands with no ideas and projects. Therefore, with a view of moving the country forward economically, people just need to overlook any religion propagating an idea and concentrate on the benefits the instrument will result in after its implementation.


Author(s):  
Puji Kurniawan

Humans are social creatures who need each other to socialize or to fulfill their needs, such as primary, secondary and tertiary needs. In this life there are 2 (two) groups of people, namely groups of people who are overfunded and those who are underfunded. Therefore, banks and non-bank financial institutions have emerged as intermediaries between the 2 (two) groups of the people so that the balance can occur in meeting the needs of each life. In Indonesia, there are many conventional and sharia bank and non-bank financial institutions that provide financing services to meet human needs. The fundamental difference between conventional and Islamic financial institutions is the use of the interest system which is usury in conventional financial institutions and the use of profit sharing systems in Islamic financial institutions.


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>


2021 ◽  
Vol 18 (1) ◽  
pp. 39-58
Author(s):  
Abdulazeem Abozaid

Since its inception a few decades ago, the industry of Islamic banking and finance has been regulating itself in terms of Sharia governance. Although some regulatory authorities from within the industry, such as Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Islamic Financial Services Board (IFSB), the Islamic banking and finance industry remains to a great extent self-regulated. This is because none of the resolutions or the regulatory authorities' standards are binding on the Islamic financial institution except when the institution itself willingly chooses to bind itself by them. Few countries have enforced some Sharia-governance-related regulations on their Islamic banks. However, in most cases, these regulations do not go beyond the requirement to formulate some Sharia controlling bodies, which are practically left to the same operating banks. Furthermore, some of the few existing regulatory authorities' standards and resolutions are conflicted with other resolutions issued by Fiqh academies. The paper addresses those issues by highlighting the shortcomings and then proposing the necessary reforms to help reach effective Shariah governance that would protect the industry from within and help it achieve its goals. The paper concludes by proposing a Shariah governance model that should overcome the challenges addressed in the study.Pada awal berdiri, Lembaga Keuangan Syariah merupakan lembaga keuangan yang menerapkan Hukum Syariah secara mandiri dalam sistem operasionalnya. Ia tidak tunduk pada peraturan lembaga keuangan konvensional, sehingga dapat terus berkomiten dalam menerapkan Hukum Syariah secara benar. Selanjutnya, muncullah beberapa otoritas peraturan yang berasal dari pengembangan Lembaga Keuangan Syariah. Diantaranya adalah Islamic Financial Services Board (IFSB) dan Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). Hal ini tidak menyimpang dari kerangka peraturan Hukum Syariah, sebab standar peraturan dan keputusan yang dikeluarkan ditujukan khusus untuk Lembaga Keuangan Syariah saja. Beberapa Negara telah menerapkan peraturan tata kelola Hukum Syariah pada Bank Syariah mereka. Namun dalam banyak kasus, peraturan yang diterapkan tidak mampu mengontrol Lembaga Keuangan Syariah tersebut secara penuh. Sehingga, secara praktis proses pengawasan diserahkan kepada lembaga keuangan yang beroperasi. Akan tetapi, beberapa standar dan keputusan yang dikeluarkan oleh sebagian pemangku kebijakan bertentangan dengan keputusan yang dikeluarkan oleh beberapa akademi Fiqh. Artikel ini ditulis untuk menyoroti permasalahan yang timbul pada tata kelola Lembaga Keuangan Syariah, khususnya kekurangan yang tampak pada sistem tata kelola. Kemudian, penulis akan mengajukan usulan tentang efektifitas tata kelola Lembaga Keuangan Syariah yang bebas dari permasalahan.


Hukum Islam ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 40
Author(s):  
AHMAD MAULIDIZEN

Islamic Financing Products have started to grow rapidly in the current banking and financial industry at this time. This situation can be seen through the increase of Islamic banking assets for several years, in addition to the inclusion of more institutions offering Islamic products. Sharia Gold Pawn Products is the delivery of marhun (collateral goods) from the rahin (customers using mortgage financing) to the bank as a guarantee of part or all of the debt. This research is field (field research) with data collection method through observation, interview and documentation study in data collection. The author concludes that the application of Rahn's contract on Sharia gold mortgage financing at Bank BRI Syariah has been in accordance with the National Sharia Board Fatwa and there are several things that must be improved so as not to conflict with Sharia principles


2019 ◽  
Vol 5 (2) ◽  
pp. 165-179
Author(s):  
Maula Nasrifah

Islam strongly encourages investment so that possessions can be productive and bring benefits in the future, of course, using a good and right way, which is in accordance with Islamic sharia, like mutual respect and does not harm others. The type of investment can be varied, we can invest through the capital market, one of which is sukuk. Sukuk are securities that are proof of ownership (claim) on assets, whether in the form of tangible, intangible or project contracts from certain activities that require the issuer to pay revenue-sharing to the Sukuk holders and pay back the Sukuk in maturity date. The principle in Sukuk transactions is in the form of emphasis on fair agreements, recommendations for profit sharing systems. In Sukuk transaction, a number of certain assets are needed which to used as the basis for conducting transactions using a contract based on sharia principles. The types of Sukuk in terms of Sukuk Ijarah, Sukuk Mudharabah, Sukuk Musyarakah, Sukuk Istishna’ with the method of issuing in bookbuilding, auction methods and private placement. In sukuk transactions there is a requirement for Underlying Assets as well as activities or processes which have been based in accordance with sharia. This shows that investing with sukuk is not worrying for investors who want to transact with sharia financial institutions. Keywords: Investing, Transaction, Sukuk


2019 ◽  
Vol 10 (3) ◽  
pp. 252
Author(s):  
Nor Aishah Mohd Ali ◽  
Nawal Kasim

The environment for most financial institutions today is complex, dynamic, highly competitive, and extremely volatile, and such condition is likely to remain for years to come. In addition to these external situations, most financial institutions also faced the challenge to manage talents flow in particular, a shortage of needed competencies. One measure to overcome this condition is to be systematic in managing their human capital if they wish to gain and sustain a competitive advantage in years ahead. This paper postulates to explore the competency criteria as one of talent management for shariah auditors in the Islamic Financial Institutions (IFIs) in Malaysia. A qualitative design was adopted by conducting interviews with 30 practitioners consisting of the Heads of Shariah audit departments (HSA) and shariah auditors (SAR) from the IFIs and the Head of Islamic banking department from the Central Bank of Malaysia. This is followed by a focus group discussion to validate the findings. The study found that there was mixed practices on talent management in terms of competency aspect required for shariah auditors. Generally, participants agreed that certain skills, knowledge and characteristics added with years of experience in the field, are pre-requisite to become competent shariah auditors. This study is unique as it explores the case from the qualitative stance. Opinions were elicited from the parties directly involved in preparing guidelines to the IFIs as well as those practitioners executing the shariah audit function within their institutions. IFIs will have better guideline on recruiting competent future shariah auditors, as part of their internal audit team to uphold the shariah precept.


ملخص: شهدت الصناعة المالية الإسلامية على مدى العقود الثلاثة الأخيرة تطورات هامة، على مستوى نمو الأصول والموجودات وكذلك على مستوى الانتشار الجغرافي والدولي، وبرزت أيضا كأحد مجالات المنافسة والتأثير على السوق المالي وأصبحت تساهم في التنمية الاقتصادية التي شهد نموها دوليا اتجاها إيجابيا من خلال العديد من المؤسسات المالية الإسلامية. يهدف البحث إلى تسليط الضوء على ما حققته الصناعة المالية الإسلامية ومدى انتشارها على المستوى الدولي مع إعطاء بعض النماذج للصناعة المالية الإسلامية في الدول الإسلامية وغير الإسلامية. الكلمات المفتاحية: الصناعة المالية الإسلامية، الصيرفة الإسلامية، الصكوك، الصناديق الإسلامية، التكافل. Abstract Over the last three decades, the Islamic financial industry has witnessed significant developments, both in terms of asset size and geographical spread. It has emerged as one of the areas of competition and has played a role in influencing the financial market and contributing to economic development which has witnessed positive growth due to the efforts of many Islamic Financial Institutions. The research aims to shed light on the achievements of the Islamic financial industry and its spread at the international level, while giving some examples to the Islamic financial industry in Islamic and non-Islamic countries. Keywords: Islamic Financial Industry, Islamic Banking, Sukuk, Islamic Funds, Takaful.


2019 ◽  
Vol 19 (1) ◽  
pp. 89-102
Author(s):  
Ayup Suran Ningsih ◽  
Hari Sutra Disemadi

This research aims to determine and analyze the implementation of the concept of profit-sharing in Islamic banking credit agreements based on regulations in force in Indonesia and also to find out and analyze defaults undertaken by customers in Islamic banking credit agreements. The method used in this research is normative juridical, which is a method that puts forward secondary data in the form of primary, secondary and tertiary legal materials. The secondary data in question such as Law Number 21 of 2008 concerning Sharia Banking, related books, and legal research journals. This research is based on the high community needs for capital to achieve the objectives of a business into a separate phenomenon. The concept of muamalah on the teachings of Islam that Muslims want to adhere to is one of the reasons for the birth of the concept of Islamic banking in Indonesia. The concept of profit sharing is one of the concepts known in Islamic banking. The risk of breach of contract by the customer is a necessity.


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