دور الشريعة الإسلامية في ترسيخ مبادئ الحوكمة: مدى إلزامية الوعد في المصارف الإسلامية نموذجاً (The Role of Shariah in Consolidating the Principles of Governance: The Study of the Extent of Mandatory Promise in Islam)

2019 ◽  
Vol 16 (2) ◽  
pp. 137-165
Author(s):  
ميسون قوادري ◽  
عارف علي عارف ◽  
حسن بن إبراهيم الهنداوي
Keyword(s):  
Islamic Law ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Muslim Community ◽  
Community Members ◽  
Banking Institutions ◽  
Descriptive Approach ◽  
The Stability ◽  
Financial Transactions

يشهد العصر الراهن نموا معتبرا في حجم المؤسسات المصرفية الإسلامية؛ ما ترتب عنه زيادة الحاجة للاهتمام بأساليب التنظيم الإدارية والشرعية في هذه المؤسسات؛ لتحقيق أهدافها التي أنشأت من أجلها وتلبية رغبات أفراد المجتمع المسلمين وغير المسلمين ممن يرغبون في التعامل معها؛ لذا يأتي هذا البحث لبيان ماهية الحوكمة الشرعية في المصارف الإسلامية وعلاقتها بنظام هذه المؤسسات والتركيز على مبدأ الوفاء بالوعد وبيان مدى إلزاميته وعلاقته بمبادئ الحوكمة وذلك لإبراز السبق العلمي والدور الأساسي للشريعة الإسلامية في ترسيخ قواعد الحوكمة في جانب من جوانبها وأنها كفيلة باستقرار المعاملات بصفة عامة والمعاملات المالية بصفة خاصة بما تحويه من مبادئ سامية، وسينتهج البحث المنهج التحليلي لتحليل أقوال الفقهاء حول مسألة الوعد الملزم، والمنهج الوصفي لبيان مبادئ الحوكمة، وعلاقتها بمبادئ الشريعة الإسلامية السمحاء. الكلمات المفتاحيّة: الوعد، حكم الوعد، الحوكمة، مقاصد الشريعة الإسلامية، المصارف الإسلامية. Abstract The present epoch is witnessing a significant growth in the Islamic banking institutions, which has led to an increase of need of methods of administrative and legal in these institutions in order to achieve the objectives for which they were established and to meet the desire of Muslim and non-Muslim community members who wish to deal with them. Therefore, this study aims to discuss the essence of Islamic governance in Islamic banks and their relationship to the system of these institutions as well as to focus on the principle of fulfilling the promise and to show the extent of its mandatory and its relationship to the principles of governance. Hence, the study highlights the basic role of Islamic law in consolidating the principles of governance. These kind of principles securing the stability of transactions generally and financial transactions particularly, which containing exalted principles. This study used the analytical approach to analyze the statements of jurists on the issues of binding promise, as well as descriptive approach to explain the principles of governance and its relation to the principles of Islamic law. Keywords: Promise, Governance, The goal of Islamic laws, Islamic banks.

scholarly journals Standard Quality Banking Services of Islamic Banks

2018 ◽  
Vol 8 (1) ◽  
pp. 301
Author(s):  
Haneen A. Al-Khawaja ◽  
Barjoyai Bardai
Keyword(s):  
Islamic Law ◽  
Theoretical Aspect ◽  
Islamic Banking ◽  
Islamic Banks ◽  
High Confidence ◽  
Banking Services ◽  
Standard Quality ◽  
Definition Of

This research discusses in detail the theoretical aspect of the quality standards of banking services of traditional Islamic banks. The criterion of "Shari'ah Compliance" was added by the researcher to the importance and role of dealing with Islamic banks, the definition of this standard and its importance, how to test it for banks as well as how, without the legitimate commitment of these banks to what is classified as Islamic from the foundation, we focus on the importance of the existence of a legal commitment to any Islamic bank to achieve the quality of Islamic banking services of high quality in accordance with Islamic law and laws to achieve a high confidence in the customers who belong to him and deal with his Conspiracy.

scholarly journals 'MAQASID AL-SHARIAH' IN ISLAMIC BANKS BEFORE VALUE-BASED INTERMEDIATION IMPLEMENTATION

2021 ◽  
Vol 18 (2) ◽  
pp. 173-189
Author(s):  
Sharifah Faigah Syed Alwi ◽  
◽  
Fateha Abd Halim ◽  
Tengku Dewi Ahdiyaty Tengku Ahmad Mazlin ◽  
Aizurra Haidah Abdul Kadir ◽  
...  
Keyword(s):  
Qualitative Methodology ◽  
Islamic Law ◽  
Human Life ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Structured Interviews ◽  
The Public ◽  
Library Research ◽  
Banking Institutions ◽  
Banking Operations

Bank Negara Malaysia (BNM) had introduced Value-Based Intermediation (VBI) initiatives to help Islamic banks implement a structuralised form of maqasid al-shariah (objectives of shariah (Islamic law)) in their banking operations. Thus, questions were raised by the public on whether or not Islamic banking institutions in Malaysia had been achieving maqasid al-shariah in their banking operations prior to VBI. This paper aims to discuss the real concept of maqasid al-shariah that should be realised in Islamic banks and investigate whether Islamic banks had truly been achieving maqasid al-shariah in their banking operations before the introduction of VBI. Library research is conducted to obtain information on maqasid al-shariah and the qualitative methodology is adopted to gain information from three bankers representing three Islamic banks in Malaysia via semi-structured interviews. The researchers found that the fundamental concept of maqasid al-shariah in Islamic banks includes the protection of religion, life, intellect, progeny and wealth in human life through the products and services offered by the banks. The Islamic banks were found to have developed their products and services to achieve maqasid al-shariah even before VBI was introduced by BNM. However, with VBI, a proper framework in achieving maqasid al-shariah has been developed.

scholarly journals Review of Islamic Law Against Execution of Collateral Auctions on Islamic Banking Institutions in Aceh, Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 88-93
Author(s):  
Muhammad Fadhli ◽  
Sadad Mahmud ◽  
Ahmad Azrin Adnan ◽  
Abd Jamal ◽  
Ibraheem Alani AbdulKareem
Keyword(s):  
Islamic Law ◽  
Qualitative Approach ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Due Date ◽  
Financial Transaction ◽  
Direct Sales ◽  
Banking Institutions ◽  
The Right ◽  
Formal Procedures

This article review Islamic law quoted from jurists’ opinion and legal experts on the use of auction trading theory in the collateral sale. Every financial transaction in Islamic banking required a guarantee. It is intended to save bank funds if the customer defaults. Based on constitutional act Number 4 of 1996 of mortgage rights, Islamic banks have the right to confiscate the asset (guarantees) of a customer who has reached the due date without intention to pay. However, the bank cannot carry out unilateral execution to make direct sales. The formal procedures which banks must follow to disburse funds from customer guarantees are usually long and often meet various obstacles. This article analyzes normatively and empirically the bail auction guarantees implementation on Islamic banking in Aceh based on the Islamic law concept from the al Quran, Hadith, and the scholars’ Ijma’. Although conventional law is still used in the auction rules, the implementation of guarantees as applied to Islamic banking has adopted many Islamic laws. However, in the practice, there are still many problems that arise from the Islamic law scope which uphold the philosophy of maslahah and the concept of justice. The paper, therefore, employs qualitative approach and secondary date to investigate Shariah perspective against execution of collateral auctions on Islamic banking institutions in Aceh, Indonesia.

scholarly journals Ijtihad in Islamic Finance: A Methodology Approach

2020 ◽  
pp. 64-78
Author(s):  
Amir Shaharuddin
Keyword(s):  
Banking Industry ◽  
Methodological Approach ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Muslim Community ◽  
Financial Products ◽  
Banking Institutions ◽  
New Challenges ◽  
Muslim Scholars

Islamic classical contracts have been revitalized in creating various financial products in Islamic banking institutions. However, their application in the current banking industry is not without argument. It is viewed that the classical contracts are not practiced as propounded in the classical fiqh doctrines. The article discusses the issue by proposing a different methodological approach for Shariah advisors in guiding Islamic banks. Shariah advisors in Islamic banking institutions are encouraged to unbind themselves from nominated Islamic classical contracts (uqud al-musamma’). They need to unveil new contracts that suit with modern practices and authentically able to solve problems and limitations faced by Islamic banks. Based on examination of twelve main classical texts of the four Sunni schools, it is found that Islamic classical commercial contracts evolved over times especially in the Hanafis, Shafi’is and Hanbalis schools. Past Muslim scholars expanded the classical contracts in response to new challenges and problems encountered by Muslim community in their commercial dealings. The evolution of Islamic commercial contracts can be further enhanced by adhering to the principles of transparency, honesty, mutual consent and humanitarian goals.

scholarly journals Aplikasi Konsep Wakalah dalam Pembayaran Zakat Simpanan: Kajian di Bank Islam Malaysia Berhad (BIMB)

2019 ◽  
pp. 333-354
Author(s):  
Norazira Sharif ◽  
Hairunnizam Wahid
Keyword(s):  
Economic Development ◽  
Research Question ◽  
Wealth Inequality ◽  
Policy Implications ◽  
Islamic Banking ◽  
Islamic Banks ◽  
The People ◽  
Socio Economic Development ◽  
Banking Institutions

Zakat has played an important role in the socio-economic development of Muslims to reduce income and wealth inequality among the people of a country. The contribution of zakat for savings to the total amount of zakat collected by the zakat institution is still relatively small compared to the collection of income on zakat. The importance of paying zakat among Muslims, especially in term of zakat for saving has been previously debated and various programs have been implemented by the zakat institution to ensure that they are able to carry out their responsibilities by paying zakat. In providing Shariah-compliant products, BIMB has partnered with the zakat institution to assist them to increase the amount of zakat for savings. The research question is to what extent Islamic banking institutions can play a role in helping zakat institutions to increase the amount of zakat in savings. This study is important because there are not many studies related to these aspects, especially the role of Islamic banks in increasing the amount of zakat on savings. The objective of this study is to explore the mechanism that BIMB has put in place to implement the zakat on savings and investment on behalf of the depositors by using the concept of wakalah between depositors and banks. This study has referred to several BIMB reports and unpublished reports to investigate all these aspects. This study found that a comprehensive mechanism do exist for BIMB's role in acting as a representative (al-wakil) in paying zakat on savings on behalf of the client (al-mutawakkil). Several suggestions and policy implications are also discussed in this study. Abstrak Zakat telah memainkan peranan yang penting di dalam pembangunan sosio ekonomi umat Islam untuk memastikan kesaksamaan serta mengurangkan jurang agihan pendapatan dan kekayaan dalam kalangan rakyat di dalam sesebuah negara. Sumbangan zakat simpanan daripada jumlah keseluruhan kutipan zakat dilihat masih lagi secara relatifnya kecil berbanding kutipan zakat pendapatan. Kepentingan membayar zakat terutamanya zakat simpanan telah lama diwar-warkan dan pelbagai program telah dijalankan oleh pihak yang berwajib bagi memastikan golongan yang mampu menjalankan tanggungjawab mereka dengan membayar zakat. Dalam menyediakan produk patuh syariah Bank Islam telah berkerjasama dengan pihak zakat bagi membantu meningkatkan jumlah kutipan zakat simpanan. Persoalan kajian ialah sejauhmanakah institusi perbankan Islam boleh berperanan membantu pihak institusi zakat meningkatkan jumlah kutipan zakat ke atas simpanan. Kajian ini adalah penting kerana tidak banyak kajian yang berkaitan dengan aspek perbankan Islam yang turut sama berperanan meningkatkan jumlah kutipan zakat ke atas simpanan. Objektif kajian ini dilakukan untuk melihat mekanisme yang telah dilancarkan oleh pihak BIMB bagi membayar zakat simpanan dan pelaburan bagi pihak pendeposit mereka menggunakan konsep wakalah di antara pelanggan dan bank. Kajian ini merujuk kepada beberapa laporan Bank Islam dan laporan yang tidak diterbitkan untuk meneliti aspek tersebut. Kajian ini mendapati telah wujud satu mekanisme yang komprehensif peranan BIMB dalam bertindak sebagai wakil (al-wakil) dalam membayarkan zakat ke atas simpanan bagi pihak pelanggan (al-mutawakkil). Beberapa cadangan dan implikasi dasar turut dijelaskan dalam kajian ini.  

Libyan Islamic Banks and their Importance in Achieving Development

2021 ◽  
Vol 1 (4) ◽  
pp. 1-31
Author(s):  
Ezzedin Mohammad Mansor Elammari
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
Social Development ◽  
Financial Institutions ◽  
Islamic Law ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Investment Projects ◽  
Use Of Resources

This research paper seeks to highlight the role of Islamic banks in achieving development and its importance in Libya. These financial institutions are a humanitarian and social development message aimed at collecting funds and achieving the optimal use of resources in accordance with the rules and provisions of Islamic law to build an Islamic solidarity community, as well as employing money in investment projects that help achieve Economic and social development in Libya and thus achieving sustainable development through various Islamic financing formulas. This study reached a set of results, including that Islamic banking financing for economic projects is good and is increasing in recent times and that economic development is the goal of every country to develop its weak economy.

scholarly journals A Quantitative Study of the Role Shariah Boards and Bank Ownership Structures Play in Enhancing the Financial Performance of Islamic Banks: A Case of Pakistan

ICR Journal ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 204-224
Author(s):  
Qaiser Abbas ◽  
Sheila Ainon Yussof ◽  
Muhammad Naeem Anjum
Keyword(s):  
Financial Performance ◽  
Supervisory Board ◽  
Islamic Banking ◽  
Central Feature ◽  
Islamic Banks ◽  
Membership Change ◽  
Supervisory Boards ◽  
Banking Institutions ◽  
Shariah Governance

Shariah governance is a central feature and the second layer of corporate governance for Islamic banks (IBs) and Islamic financial institutions (IFIs). Shariah governance is unique to IBs and IFIs due to their possession of Shariah Supervisory Boards (SSB). SSBs serve to ensure that the management of Islamic banking institutions complies with shariah principles. Shariah governance is not only designed to raise the confidence of investors and the public in terms of authenticity and compliance to Islamic banking practices, but also to minimise the fiduciary and reputational risks of Islamic banking institutions. Due to the importance of shariah governance and the role of SSBs in IBs, this research investigates the role of SSBs in influencing the financial performance of IBs with the moderation role of ownership structure in Pakistan. By using nine years of data (2009-2017) pertaining to three Islamic banks in Pakistan, we found that shariah supervisory board reputations, expertise, cross membership, change in composition, shariah qualification, and ownership have significant moderation relationships with the financial performance of IBs. This study is an attempt to provide a deeper understanding of the role of owners and Shariah Supervisory Boards in enhancing the financial performance of Islamic banks for both researchers and policymakers.

scholarly journals The effect of opening excuses on banking services in Islamic banks

2020 ◽  
Vol 9 (3) ◽  
pp. 902
Author(s):  
Mutlaq Saad Al-Hajri
Keyword(s):  
The Other ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Muslim Community ◽  
Banking Services ◽  
Other Hand ◽  
The One ◽  
The Masses ◽  
Financial Transactions ◽  
The Impact

This research examines a topic related to the principles of jurisprudence on the one hand, and contemporary financial transactions on the other hand, especially with regard to banking services in Islamic banks, where it deals with the topic (The Impact of Opening Excuses on Islamic Banking Services). The research included two topics, and it came out, indicating the effect of opening the excuses in the business and banking services in Islamic banks of different forms, especially since the need in our time for these banking services is necessary, so that the masses of the Muslim community are hardly indispensable, which requires looking at them according to the purposes of the Sharia and taking into account the need People, while preserving the principles and principles of Sharia. Then the conclusion came, and it included the most important results of the study.

scholarly journals Talent Development and Retention from the Bankers’ Perspectives: A Study at Islamic Banks in Malaysia

2018 ◽  
pp. 161-166
Keyword(s):  
Islamic Law ◽  
Talent Development ◽  
Islamic Banking ◽  
Islamic Banks ◽  
High Performing ◽  
Banking Business ◽  
Talent Retention ◽  
Banking Institutions ◽  
And Performance ◽  
Managerial Level

The credibility and performance of the Islamic banks depend on those who operate and manage the overall banking business. Due to high demand towards high performing talents for the industry lately, there is need to identify whether the industry has done their part to train and enhance their existing talents in order to ensure the Islamic banking business remain sustain in the future. This is more challenging when the demand for talents that have education background of combination of both Islamic jurisprudent (Shariah) and finance knowledge become pivotal.It is because of the nature of the Islamic banking business that need to ensure theoverall banking operations including product structure, accounting and auditing, credit evaluation, risk management, and others meet the Shariah requirement. This study therefore embarks to investigate relationship between talent development and talent retention and also to identify the effect of talent development towards talent retention at Islamic banking institutions. A total of 175 bankers from executive to managerial level of Islamic banks in Malaysia have involved in survey conducted in this research. The results show that the respondents agreed there is a relationship between talent development and retention. In addition, talent development do significantly affect talent retention positively. Therefore, as a suggestion from the bankers, there is need to have an appropriate talent development programme to ensure that the existing talents of the Islamic banks are competent both having strong knowledge in Islamic law as well as operating knowledge of the banking business.

scholarly journals Assessing Shariah Disclosure in Pakistan: The Case of Islamic Banks

2020 ◽  
Vol 12 (2) ◽  
pp. 1-18
Author(s):  
Muhammad Ismail ◽  
Shafiullah Jan ◽  
Karim Ullah
Keyword(s):  
Islamic Law ◽  
Survey Design ◽  
Special Kind ◽  
Governance Structure ◽  
Annual Reports ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Business Decisions ◽  
Islamic Financial Institutions ◽  
Banking Institutions

The foundation of Islamic banking and finance is based on the Islamic law of business transactions/ muamlat, which also confines to the moral and ethical codes of Islam. Also, the involvement of Shariah and Islamic ethics in the governance structure of Islamic banks gives rise to a special kind of disclosure issue called Shariah disclosure. The literature suggests, that stakeholders, including customers and shareholders, use Shariah disclose as core criteria to direct their transactions with Islamic Banking Institutions (IBIs). However, the available disclosure indices in the established literature are not insufficient for assessing Shariah disclosure of the IBIs. The present research study attempts to assess the level of Shariah disclosure of five full-fledged Islamic banks in Pakistan. For this purpose, the study developed Shariah Disclosure Index (ShDI). ShDI will be used as the basis upon the disclosure requirements of State Bank of Pakistan (SBP), Accounting and Auditing Organizations for Islamic Financial Institutions (AAOIFI), and Islamic business reporting literature. A survey design is used to collect the data for ShDI constructs by utilizing annual reports of the five full-fledged banks from the year of 2015 until 2017. The findings disclosed that the Shariah disclosure in Pakistani Islamic banks is satisfactory i.e., near 70% compared 30% Shariah disclosure of the foreign Islamic banks operating in Pakistan. It is appreciable that all the Islamic banks, particularly Pakistani Islamic banks, disclosing about 80%-90% of the SBP mandatory and AAOIFI recommended Shariah disclosure items. While, disclosure of the voluntary Shariah disclosure items are still very low i.e. 15%. It is also noted that the Shariah disclosure level was gradually improving which portrays in the increment of the average Shariah disclosure level in 2017 compared to2015. The research provides a benchmark and indicator for all stakeholders who are making their investment and business decisions In addition, the study is equally important for IBIs to comply with ShDI to ensure full Shariah disclosure in order to attract new investors, religiously excluded investors, and protect the ideological stance and religious commitments of the existing customers as well.

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