scholarly journals Exploring Compliance of AAOIFI Shariah Standard on Ijarah Financing: Analysis on the Practices of Islamic Banks in Malaysia

2020 ◽  
Vol 13 (2) ◽  
pp. 29
Author(s):  
Shujaat Saleem ◽  
Fadillah Mansor

This paper aims to explore whether the practices of Ijarah financing by Islamic banks in Malaysia are in line with the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) Shariah Standard No: (9) on Ijarah financing. Semi- structured interviews based on open-ended questionnaires were conducted, recorded verbatim, and transcribed for content analysis. Our study revealed flaws in the contemporary practice of Ijarah financing and indicated that it was slightly out of line with the AAOIFI Shariah standard. The study will not only help the Islamic banking industry of Malaysia to reduce, if not eliminate the gap between the practices of Bank Negara Malaysia (BNM) and AAOIFI Shariah standards pertaining to Ijarah financing but also create novel literature due to the fact that, no study has been undertaken to date, which analyzes the practices of Ijarah financing by Malaysian Islamic banks in the light of the AAOIFI Shariah standards.

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
M. Dliyaul Muflihin

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


Author(s):  
بخت الرحمن عثماني بن عبد الحميد ◽  
عارف علي عارف ◽  
عزمان محمد نور

يركز البحث على أحكام الصيانة في الإجارة المنتهية بالتمليك، وهو بحثٌ تحليليٌ لأحكام الصيانة بين النظرية في الفقه الإسلامي والتطبيق المعاصر في العقد الذي تقوم به المصارف الإسلامية والمؤسسات المالية الإسلامية. وقصد الباحث من هذا البحث بيان مفهوم الصيانة وحكمها الشرعي في هذا العقد، ومن الذي يتحمل الصيانة المؤجر أو المستأجر؟ وهل يمكن اشتراطها على العميل فقط؟ وذلك لغرض الوصول إلى مدى التوافق بين النظرية والتطبيق العملي لأحكام الصيانة في هذا العقد في المصارف الإسلامية والمؤسسات المالية الإسلامية. وأهم النتائج التي توصل إليها الباحث هو أن للصيانة ثلاثة أنواع: نوعٌ من الصيانة تتجه إلى المؤجر، ولا يصح تحميلها على المستأجر لا شرعًا ولا تحمُّلًا لا عرفًا ولا شرطًا إلا عند تعديه أو تقصيره فيها، وهي الصيانة الأساسية، فهي كل ما يتعلق بذات العين المؤجرة ويتوقف عليه الانتفاع. ونوع ثاني من الصيانة ما يتجه إلى المستأجر، وهي الصيانة التشغيلية، فهي كل ما يتعلق باستيفاء المنافع والذي تحتاج إليه العين المؤجرة نتيجة استعمالها. ونوع ثالث من الصيانة ما لا يتجه إلى المؤجر ولا إلى المستأجر إلا حسب العرف وعوائد أهل البيئة وحسب تغير الزمان والمكان، وهي الصيانة العرفية. وهذا النوع من الصيانة لا تدخل في الصيانة الأساسية ولا في الصيانة التشغيلية بل هو تابع للعرف والبيئة، ولتغير الزمان والمكان. وأما الصيانة الأساسية والصيانة التشغيلية فلا دخل للعرف فيهما. الكلمات المفتاحيّة: الصيانة، الأساسية، التشغيلية، العرفية، الإجارة المنتهية بالتمليك، النظرية والتطبيق. Abstract The study is focusing on the ruling of maintenance (al-Ṣiyānah) in Al-Ijārah al-Muntahiyyah bi al-Tamlīk. It analytically studies the ruling in theory of Islamic Jurisprudence and in the contemporary practice in the contract applied by Islamic Banks and Islamic Financial Institutions. The study aims to explain the concept of the maintenance and its legislative rules in the contract, the responsibility of the leased asset—lessor or lessee? Is it permissible to impose it on the lessee only? This is to find out the extant of the compatibility between the theoretical and the practical implementations of the sharÊÑah ruling of maintenance in the ijÉrah contracts of Islamic Banks. The important result of the research conducted is that there are three types of maintenance (al-Ṣiyānah): The first type of al-Ṣiyānah pertains to the lessor only, and it is not permissible to be imposed on the lessee neither from the SharÊÑah or liability perspective, but in the case of fault or short coming from the lessee, and this is called major maintenance (al-Ṣiyānah al-Asāsiyyah). This type of al-Ṣiyānah denotes all such maintenance of the leased asset that is related to the essence of the leased asset on which the benefit depends. The second type of the al-Ṣiyānah pertains to the lessee only; this is called minor maintenance (al-Ṣiyānah al-Tashghīliyyah). This refers to all such things that are linked with the fulfilment of benefits and the operation of the leased asset. And the third type of the al-Ṣiyānah does not pertain to lessor or the lessee except because of custom of the time and circumstances. And this is called al-Ṣiyānah al-ʻUrfiyyah. This type of maintenance is not linked with major maintenance or with minor maintenance, but its ruling is according to the time and custom. Keywords: Maintenance, al-Ṣīyānah, al-Asāsiyyah, al-Tashghīliyyah, al-ʻUrfiyyah, Al-Ijārah al-Muntahiyyah bi al-Tamlīk, Theory, Practice. 


2021 ◽  
Vol 6 (3) ◽  
pp. 144-153
Author(s):  
M R Yasoa ◽  
S F Muhamad ◽  
T Abdullah ◽  
M N H Yusoff ◽  
N M Said ◽  
...  

Objective – This paper investigates the possibility and feasibility of Malaysia's Islamic banking industry hiring external Shariah audit (ESA) services in the audit fraternity as one of the Shariah governance mechanisms. Some of the scholars argued that ESA is more independent and is able to strengthen the existing Shariah compliance in the industry. Methodology – This study employs a qualitative method by utilising semi-structured interviews with nine key industry players: Shariah auditors, Heads of Shariah audit, Shariah Committee (SC) Member, and Chief Shariah Officer. Data gathered from the interviews was transcribed and analysed using Atlas.ti software. Findings– A series of interviews reveal that given the current practices by the Islamic banking industry, it could be inferred that the Malaysian Islamic banking industry is not ready to exercise the ESA practices. This unreadiness is due to several factors, such as ESA costs outweighing its benefits, the fear of reputational risk, and anxiety of leaking confidential information to rivals. Novelty – The Shariah audit research especially relates to external Shariah audit is considered limited. Type of Paper: Empirical JEL Classification: E44, G10, G20. Keywords: External Shariah audit; Islamic Banks; qualitative method; Shariah governance; Malaysia


2020 ◽  
pp. 1-25
Author(s):  
RAOUDHA SAIDANI ◽  
NEILA BOULILA TAKTAK ◽  
KHALED HUSSAINEY

This paper aims to measure the IAHs disclosure level in the annual reports of Islamic banks. To do this, we develop a specific IAHs disclosure index based on Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) standards. We use manual content analysis of 49 full-fledged Islamic banks’ annual reports over the period 2011–2015 across 10 countries. The findings of this study show that the overall level of IAHs disclosure is 28%. Indeed, the sampled Islamic banks provide fewer disclosures related to IAHs. This study contributes to enrich the knowledge of Islamic accounting literature by exploring directly the IAHs disclosure level in the annual reports of Islamic banks via self-constructed IAHs disclosure index based on AAOIFI accounting standards. It can help regulators in different countries to understand and strengthen the IAHs disclosure practices in Islamic banks by imposing AAOIFI disclosure requirements in terms of IAHs reporting.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ishfaq Ahmed ◽  
Ahmad Usman ◽  
Waqas Farooq ◽  
Muhammad Usman

Purpose With the advent of technology and internet banking, the role and value of bank’s websites have increased. Additionally, the Islamic banking boom has also increased the role of Shariah-based banking in the market. But neither web-based information nor Shariah board members have been investigated for their possible effects on the branding of Islamic banks. Against this backdrop, this study aims to explore web-based information and Shariah board as a source of branding of Islamic financial institutions (IFIs). Design/methodology/approach An interpretivism-based thematic inquiry is carried out through semi-structured interviews of 22 customers of Islamic banks. Findings The findings of the study highlighted the fact that customers’ perceived web-based information is in line with the Shariah objectives but showed low level of trust on that information. They assumed that the practices are not consistent with this information. Moreover, the Shariah board members were considered as brand ambassadors, and customers valued board members more than the Shariah board and Islamic bank itself. Findings further highlight the more knowledge customers have about the Shariah board members (experience, qualification, achievements, etc.) the greater is the impact on the branding of the IFIs. Originality/value This study offers a novel perspective by considering the value of web-based information and Shariah board on branding of Islamic banks. As there is no such study available in literature, up to the best of researchers' knowledge, the qualitative inquiry may suffice the study objectives and research questions.


2019 ◽  
Vol 10 (3) ◽  
pp. 874-892 ◽  
Author(s):  
Malik Shahzad Shabbir ◽  
Awais Rehman

Purpose This paper aims to identify some important misconceptions about Islamic banks, which impact investor’s portfolio in term of threats, challenges and opportunities. This paper is trying to attempt to present five different layers of misconceptions regarding investor portfolio. Design/methodology/approach This paper distributed 132 questionnaires among investors of Islamic financial institutions and multiple regression of least significant difference (LSD) method implied for data analysis. Findings The results of this paper show that two variables, such as opportunity and challenge, out of three are positively significant and the remaining one variable, threat, is insignificant regarding investor portfolio. Originality/value This paper is the first ever attempt in its nature to identify the different misconceptions about Islamic banking system and its impact on investor portfolio.


2020 ◽  
Vol 3 (2) ◽  
pp. 229
Author(s):  
Rahmawati Rahmawati ◽  
Khairul Putriana

<p><em>The presence of the Islamic Financial Institution Qanun No 11 </em><em>in </em><em>2018 is a special right for Aceh and has brought a breath of fresh air to the development of the Islamic banking industry in Aceh, a number of conventional banks in Aceh are required to convert to Islamic banks, The purpose of this study is to explain the procedure for accelerating the conversion of unconventional banks to Islamic banks in Aceh and to explain the challenges of banking institutions with the obligation to convert financial institutions in Aceh. The obligation to convert a conventional bank into a sharia bank is clearly as stipulated in article 6 points e and d, although the process of converting a conventional bank to a sharia bank is not found directly in the qanun, but every bank that does the conversion must refer to BI regulations namely PBI No. 11 / 15 / PBI-2009, this is as explained in article 12 "before carrying out business activities, LKS must have a business license in accordance with the provisions of the legislation".</em></p><br /><p> </p>


2012 ◽  
Vol 12 (1) ◽  
pp. 63
Author(s):  
Iskandar Iskandar

<p><em>The development of Islamic banking in Aceh should have </em><em>get more attention because its existence is not only as complement of the</em></p><em>national banking system, but also as an attempt to fill the Islamic Shari ’a with the Islamic financial institutions. The issue becomes important to investigate since the efficiency of banking institutions urgently need to this performance. Thus, in this study, the efficiency of Islamic banking will be viewed from two aspects: Firstly, the ability of the bank in generating output, in this case the low cost of financing. Secondly, efficiency can also be observed by looking at the bank’s performance in minimizing the risk of financing. This study concluded that the main difficulty of Aceh Islamic banks is not the lack of cheap enough money so that the efficiency becomes less when it is compared with the required cost. However, the annual report shows that the assets of Islamic banks have developed positively and good. Likewise, the ratio of Non Performing Ratio (NPF) of Islamic banks is efficient. The study recommends enhancing the cheap fundraising (al-wadi </em><sup>&lt;</sup><em>’ah) to increase the economic growth in the northern coastal area of Aceh.</em>


2018 ◽  
Vol 3 (1) ◽  
pp. 11-21
Author(s):  
M. Dliyaul Muflihin

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.


2019 ◽  
Vol 4 (2) ◽  
pp. 159
Author(s):  
Rudy Hartanto ◽  
Irena Paramita Pramono ◽  
Pupung Purnamasari

The existence of the regulation for Islamic banking causes it to conduct its activities by the guidance of Islamic principles which avoid some non-halal sources of income. On the other hand, the transactions between Islamic banking and conventional banking are unavoidable because conventional financial institutions still dominate all transactions in each country. This means that non-halal sources of income cannot be avoided, by the way of the transaction is done. This research aims to analyze on the sources of income and its distribution of the non-halal funds of Islamic Banks in Indonesia. This research is quantitative. The method of collecting data documentation uses data from 2015-2017 with a total sample of 102 Islamic banks. The results show that there were differences in the average non-halal funds of Islamic Commercial Banks with Islamic Business Unit Bank. In addition, this study shows that Islamic commercial bank tends to have non-halal funds bigger than Islamic Business Unit Bank. On the other hand, the result shows that non-halal funds sources in the banking industry are dominated by interest income from another conventional bank and the using of non-halal funds is dominated by social activities.


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