scholarly journals كيفية إخراج زكاة المحافظ الاستثمارية: دراسة فقهية تأصيلية (Zakat on investment portfolios: a fiqhi Ta’sili studies)

Author(s):  
ياسر عبد الله عمر ◽  
حبيب الله زكريا

أصبحت المحافظ الاستثمارية من الأدوات المهمة في عصرنا الحاضر، وذلك لكثرة توجه الناس إليها لاستثمار أموالهم من خلالها، ولما تحمله من رؤوس أموال ضخمة. وتهدف هذه الورقة إلى بيان المسائل الفقهية المتعلقة بكيفية إخراج زكاة المحافظ الاستثمارية. وقد تناولت هذه الورقة زكاة محفظة الأصول المالية المكونة من أسهم وسندات وعملات، وكذلك ما يتعلق بمحفظة الأصول العينية من سلعٍ وعقارات ومعادن. أما المنهج المتبع في هذه الورقة فهو المنهج الاستنباطي والمنهج التحليلي وذلك بالاعتماد على المصادر الثانوية للبحث العلمي من خلال مراجعة التراث الفقهي وتحليل ما ذُكر من أقوال فقهية في كيفية إخراج زكاة المحافظ الاستثمارية. كما اعتمدت الورقة على القرارات الفقهية الصادرة عن المجمع الفقهي الإسلامي التابع لرابطة العالم الإسلامي، ومعايير هيئة المحاسبة والمراجعة للمؤسسات المالية الإسلامية AAOIFI)). وخلصت الدراسة إلى أن المحافظ الاستثمارية تجب فيها الزكاة بحسب صافي الموجودات الزكوية فيها. وتوصي هذه الورقة مؤسسات الزكاة والهيئات المختصة للعمل في تفعيل دور الزكاة في جميع القطاعات الاستثمارية، كما توصي الورقة بمواصلة الدراسات الشرعية المتخصصة خاصةً من قبل الهيئات العلمية والمجامع الفقهية في مجال الاستثمارات الحديثة وتأصيلها وربطها بالتراث الفقهي. الكلمات المفتاحية: الزكاة، المحافظ الاستثمارية، الشريعة الإسلامية. Abstract Investment portfolios have become one of the important investment tools in modern society, due to the large number of people turning to them to invest their money through them, and because of the huge capital, they carry. This paper aims to explain the jurisprudential issues related to how to pay zakat on investment portfolios. This paper dealt with zakat in the financial assets’ portfolio consisting of stocks, bonds, and currencies, as well as what is related to the in-kind assets’ portfolio of commodities, real estate, and metals. As for the approach used in this paper, it is the deductive approach and the analytical method by relying on secondary sources of scientific research by reviewing the jurisprudential heritage and analyzing the aforementioned jurisprudential sayings on how to pay zakat for investment portfolios. However, the paper also relied on the decisions issued by the Islamic Fiqh Academy of the Muslim World League, and the standards of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). Moreover, the study concluded that investment portfolios are subject to zakat according to the net zakat assets therein. Therefore, this paper recommends zakat institutions and specialized bodies to work in activating the role of zakat in all investment sectors. Also, this paper recommended the continuation of Shariah studies, especially by the scientific bodies and jurisprudence councils, in the field of modern investments, establishing them and linking them to the jurisprudential heritage. Keywords: Zakat, Investment portfolios, Shariah.

2018 ◽  
Vol 2 (3) ◽  
pp. 16-23
Author(s):  
Siti Latipah Harun ◽  
Norazlina Abd Wahab ◽  
Rosylin Mohd Yusof

The role of Islamic financial intuitions is essential in providing Islamic financing specifically to investors and stakeholders to invest in real estate. Therefore, understanding the link of the real estate cycle to the financial institutions is crucial. This is because the real estate cycle is one of the critical elements that will affect financing decisions and strategies of the banking sectors. Hence, this paper employed meta-analysis which aims (1) to systematically review survey the growing literature on real estate cycle and its links to the financial institutions; (2) to highlight possible cross-country trend analysis financial strategy among investors in dealing in with the real estate cycle. The results of the study suggest that during the peak cycle or period of crisis, most investors are risk-averse and increase the risk to the financing of real estate as well. This real estate cycle that occurs almost every 10 years in conventional real estate sectors also give some consequences to the Islamic financial institutions. This paper suggests to investors to understand the real estate cycle and its impact on Islamic financial institutions.


2019 ◽  
Vol 7 (1) ◽  
pp. 180-188
Author(s):  
Mohd Nizam Barom

Purpose: This paper examines and reflects the ongoing debate on the social responsibility role of Islamic financial institutions (IFIs) in the light of the literature in the area of third sector and three-sector economic model. Subsequently, it seeks to develop a framework that can be used to conceptualise the potential interaction between the different sectors in the economy in relation to social welfare issues and locate the social responsibility role of IFIs within this framework.    Methodology: The paper uses an integrative analysis of Islamic finance and third sector literature, particularly on the American and European conceptions of the interactions between the three main sectors in the economy, i.e. public, private and ‘third’ sectors. Results: The paper develops a modified circular flow of income and expenditure model as a basis for the integrative framework for social welfare provision within a three-sector economic model. Subsequently, it locates the social responsibility role of IFIs within this framework with the understanding that social welfare burden is a collective responsibility and therefore shared among the various potential welfare providers in the economy.  Implications: The integrative framework of social welfare provision within a three-sector economic model as conceptualised in this paper highlights a multi-institutional approach towards promoting socio-economic justice and society's well-being in an Islamic economy, and hence provides a proper and reasonable context for social responsibility roles expected of IFIs.


Author(s):  
Muh Khoirul Anam ◽  
Haris Santoso

Financial institutions are currently needed by all people because financial institutions are considered to be quicker in providing business capital loans. Previously, conventional banks were the only financial institutions operating in the financial sector or loans to the community before Islamic financial institutions, now with the development of financial institutions sharia society mostly prefers sharia finance rather than conventional, plus BMT which operates in the middle to lower class, this is what causes many people to take Islamic financial institutions because they prioritize family systems, so this study focuses on: 1). How is the application of murabahah financing at BMT As-Salam to brick businesses in the Ngreco Kandat Kediri village, 2). What is the role of murabahah financing at BMT As-Salam towards brick business in the Ngreco Kandat Kediri village, 3). How did the brick business increase in the Kandat Kediri Ngreco village after obtaining murabahah financing at BMT As-Salam. Research on the role of murabahah financing in brick business uses a descriptive qualitative approach with a type of case study research that refers to the interpretive postpositivistic thinking paradigm. The technique of collecting data is in-depth interviews, observation and documentation. The results of this study indicate that the application of murabahah financing at BMT As-Salam is very different where loans for business capital of bricks that should use mudharabah or musyarakah at BMT These salads use murabaha. Besides that the role of BMT As-Salam is very influential on brick business and before BMT As-Salam arrived, brick entrepreneurs still had difficulty finding capital to improve their business but after taking murabahah financing at BMT As-Salam, their efforts experienced an increase and prosperity life.


2020 ◽  
pp. 429-442
Author(s):  
Devi Megawati

This study aims to understand the role of Sharia Supervisors in the private Zakat Institution (LAZ) as well as other aspects of sharia compliance, such as Zakat fatwa on the perspective of Zakat officers. According to Decree of the Minister of Religion Number 333 / 2015 that LAZ as register must have a sharia supervisor. Sharia compliance of an institution could rely on the role of the sharia supervisory board (SSB). Some literature discussing this topic is still dominated study on Islamic financial institutions (IFIs), especially in Islamic Banks. Therefore this article will contribute to the body of knowledge, especially in the zakat literature. Data were gathered from five presiding officers of private zakat institutions in one province in Indonesia which consists of three presiding officers from provincial LAZ representative and two presiding officers from LAZ district. The study found that Sharia compliance in LAZ had many weaknesses such as lack of sharia control by sharia supervisors, a member of the sharia supervisory board who does not follow the latest issues about Zakat or the absence of competency requirements to be a sharia supervisor at LAZ and also did not make Zakat fatwa issued by MUI as the primary reference by zakat officer. This information will be useful for stakeholders, including supervisory authorities and regulators.


2016 ◽  
Vol 52 (04) ◽  
pp. 1640002 ◽  
Author(s):  
THIERRY THEURILLAT ◽  
JAMES H. LENZER ◽  
HONGYU ZHAN

This paper provides a heuristic framework to address issues about China’s ongoing urbanization in relation to the role of land and built environment as triggers for economic growth and to the increasing financialization of urban production. While a dominant field of literature highlights the interrelation between land and capital within a specific institutional setting between Central and local governments, it argues to include other key linkages between infrastructures, property development and finance to understand China’s recent exponential urban growth. It first places the current consequent local governments’ debt into perspective along with the evolution of financial circuits for urban infrastructures resulting from Central Government policy and regulation changes. Next, and in line with the real estate literature that highlights the key role of demand, it develops an original understanding of the financialization of urban production from the perspective of China’s property industry. Besides the role of homeownership policies since 1998 which boosted urban production based on use value, various ways of the transformation of property into financial assets have occurred. Chinese households as the main investors have not only been able to directly invest in housing and in non-housing by purchasing flats or commercial property but indirectly by increasing investments in special purpose vehicles such as trust-bank and funds finance and new kinds of investment platforms. In both cases, Central Government macropolicies, both stimulating and restricting from 2008–2016, have gone in hand with increasing financialization processes for local governments’ debt, urban infrastructure financing and real estate.


2017 ◽  
Vol 21 ◽  
pp. 639-646 ◽  
Author(s):  
Svetlana Albu

One of the modern society priorities is the tendency towards sustainable social and economic development. Sustainable development is possible through the preservation and efficient use of the values created by our ancestors and the ability to meet current needs so as not to endanger the ability of future generations to meet their own needs. Real estate appraisal activity evaluates the changes in property value over time. Physical or legal actions on the property are justified only if the future value is not affected.Theory and practice of appraisal activity quantifies three approaches to value:The Sales Comparison Approach – value is examined in terms of current market preferences;The Income Approach – determine the income the property is expected to generate over time as a result of the most probable use;The Cost Approach – value is perceived in terms of replacement cost of real estate with one with comparable utility.Technical assessment of constructions is applied as a rule mainly in the cost approach, and has a major impact on the estimate of market value. The role of technical assessment is reduced, even ignored and not taken into account in other approaches.The present research examined the role of technical assessment of constructions in the process of real estate appraisal and the impact of inspection on the real estate value.


2019 ◽  
Vol 6 (1) ◽  
pp. 87-103
Author(s):  
Rukiah Rukiah

AbstrakTujuan dari penulisan artikel ini adalah untuk mengetahui konsep Al-qardh dalam lembaga keuangan syariah dari tinjauan fiqh, bagaimana kendala kendala pelaksanaan di lapangan, serta produk- produk apa saja yang memakai akad ini di lembaga keuangan. Metode analisis yang dipakai adalah kajian literatur dan temuan di lapangan. Hasil yang ditemukan adalah bahwa, akad qardh dalam prakteknya, belum maksimal dimanfaatkan lembaga keuangan untuk optimalisasi fungsi sosialnya, dan kurangnya kesadaran nasabah untuk mengembalikan hutang qardh, sebab adanya persepsi nasabah bahwa hutang qardh itu adalah dana kebajikan.AbstrakThe purpose this paper were to find out the concept of Al-qardh in Islamic financial institutions from a review of fiqh, what are the obstacles of implementation in the field, and what products use this contract in financial institutions. The analytical method used is a literature review and findings in the field. The results found were qardh contract in practice, it was not maximally utilized by financial institutions to optimize their social functions, and the lack of awareness of customers to return qardh debt, because there was a customer's perception that the qardh debt was a virtue fund.


2020 ◽  
Vol 2 (01) ◽  
pp. 80
Author(s):  
Fitri Kurniawati

Islamic financial institutions are expected to be able to implement their roles as financial intermediaries and social intermediaries. But what happened in the city of Metro, the dominance of the contract on the practice of Islamic financial institutions only felt the benefits for the upper middle class. Besides that, innovative products that have not been able to reach the majority of the community are not optimal yet, where in the aggregate most of them are Muslims. So that the presence of Islamic financial institutions is considered the same as conventional, because it has not been able to answer the fundamental problems of society. Due to the limitations of researchers, the Islamic financial institutions that will be examined in this study are some Baitul Maal Wat Tamwil in Metro City. This research was conducted to analyze the strategies, procedures and product development of Islamic financial institutions in their role of social intermediation. Research is a field research with a descriptive analytical approach. Data collected using interview and documentation methods. Primary data was obtained from Islamic financial institutions (BMT) as social intermediaries in the community, namely the management and members of BMT. Secondary data were obtained from journals, research reports, books and articles. The analysis technique begins with data collection and reduction, data presentation and conclusion drawing. The results of this study are the role of Islamic financial institutions in social intermediation, namely as an intermediary that connects the aghniya and dhu'afa. The implementation procedure does not directly get commercial financing, but educational services using the tabarru agreement 'with social funds. Product development strategy, namely: establishing a special division in Islamic financial institutions and collaborating with social institutions around.


Author(s):  
MUSA UMAR YAKASAI ◽  
MUNUBIYYAH SANI JIBRIN ◽  
LAWAN ALI ZANNA

Poverty has become paramount, and it is been given much emphasis in different aspects since the declaration and introduction of the Zakat institutions in Yobe State Nigeria. The declaration focuses strongly on the reduction of state poverty within the recent activities of Islamic Financial Institutions as Islam provides an essential tool to completely prove in reducing poverty. The objective of the study is to assess the role of Zakat in addressing some levels of poverty reduction in Yobe State, Nigeria. A survey was conducted within 17 local governments of Yobe State, in which 20 questionnaires were served to each local government with total of 340. The study employed factor analysis for assessing the relation between the variables adopted, and descriptive and independent t-test analyses are considered for the analyses. The result shows that the Zakat has played a significant role in addressing poverty reductions in Yobe State, Nigeria.


Author(s):  
Fadwa Errami ◽  
Jamal Abnaha

Islamic finance can no longer be dismissed as a passing fad or as an epiphenomenon of Islamic revivalism. Islamic financial institutions now operate in over 70 countries. Their assets have increased more than fortyfold since 1982 to exceed $200 billion. In 1996 and 1997, they have grown at respective annual rates of 24 and 26 per cent.1 By certain (probably overly optimistic) estimates, up to half of the savings of the Islamic world may in the near future end up being managed by Islamic financial institutions. The first Islamic banks were created in the 1970s, at the time when the aggiornamento of Islamic doctrine on banking matters was taking shape. At the time, Islamic banks were typically commercial banks operating on an interest-free basis. Today, as a consequence of broad changes in the political–economic environment, a new generation of Islamic financial institutions, more diverse and innovative, is emerging as the doctrine is undergoing a new aggiornamento. Perhaps the most important development has been the growing integration of Islamic finance into the global economy. There is now a Dow Jones Islamic Market Index, which tracks 600 companies (from inside and outside the Muslim world) whose products and services do not violate Islamic law. Foreign institutions such as Citibank have established Islamic banking subsidiaries, and many conventional banks – in the Muslim world but also in the United States and Europe – are now offering ‘Islamic products’ that are sometimes aimed at non-Muslims.


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