scholarly journals Pandangan Hukum Islam Terhadap Implementasi Akad Mudharabah dengan Jasa di Bank Muamalat

2019 ◽  
Vol 3 (2) ◽  
pp. 134-146
Author(s):  
Hali Makki
Keyword(s):  
Islamic Law ◽  
Profit Sharing ◽  
For Profit ◽  
Legal Variables

According to the study of Islamic law, Bank Muamalat’s services are unlawful because those services require interest and provide an offer for profit sharing. Therefore those services are unlawful because those only make promises. According to some scholars, those like usury. Bank Muamalat should have the legal variables that are binding on the banking laws under Bank Indonesia’s regulations. Islamic law also becomes the main reference in akad mudharabah, so that akad mudharabah does not come out from fiqh scholars thought or does not come out from fiqh studies.

scholarly journals Penerapan Bagi Hasil Maro Perspektif Akad Mukhabarah

2020 ◽  
Vol 3 (1) ◽  
pp. 45
Author(s):  
Ana Liana Wahyuningrum ◽  
Darwanto Darwanto
Keyword(s):  
Data Collection ◽  
Qualitative Method ◽  
Islamic Law ◽  
Profit Sharing ◽  
Agricultural System ◽  
For Profit ◽  
Village People ◽  
Descriptive Approach ◽  
Document Review ◽  
Collection Methods

<p><em>Mukhabarah is a profit sharing partnership between the land owner and the sharecropper, where the land owner surrenders his land to the sharecropper and the capital is fully borned by the sharecropper. Mukhabarah which are take a place in Brakas Village, people are more familiar with "maro". The profit sharing collaboration was based on verbal agreements based on trust without witnesses and it is not determined how long the collaboration will be. The study aims to analyse what the agricultural system are used, what are the reasons for profit sharing, and how  "maro" system is compatible with the Mukhabarah. The research is used qualitative method with a descriptive approach, data collection methods through observation, interviews, and document review. The results found that smallholders and landowners preferred to profit sharing rather than rent. Furthermore, the implementation of profit sharing cooperation in Brakas Village was a mukhabarah agreement in Islamic law, but in practice was not fully in accordance with the existing Islamic concept, because there were some things that were not appropriate.</em></p>

PENERAPAN PRINSIP-PRINSIP HUKUM PERJANJIAN ISLAM DALAM PRODUK PERBANKAN SYARIAH (Telaah Atas Undang-Undang Nomor 21 Tahun 2008 Tentang Perbankan Syariah)

2019 ◽  
Vol 3 (2) ◽  
pp. 239-259
Author(s):  
Aristoni Aristoni
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Profit Sharing ◽  
Islamic Banking ◽  
Legal Subject ◽  
For Profit ◽  
Alternative Product ◽  
Treaty Law ◽  
Banking Business

Prinsip dasar dalam hukum perjanjian Islam yakni, setiap muslim atau subyek hukum memiliki kebebasan dalam melakukan perbuatan hukum untuk mengadakan akad dan/atau perjanjian. Kebebasan sebagaimana dimaksud adalah bebas dalam menentukan objek perjanjian dan bebas menentukan dengan siapa akan membuat suatu perjanjian, dengan catatan sepanjang tidak bertentangan dengan ketentuan hukum Islam. Dalam praktik perbankan syariah pokok-pokok perjanjian dan/atau akad didasarkan pada prinsip syariah yang mana menawarkan suatu produk alternatif prinsip bagi hasil sebagai pengganti dari sistem bunga yang dipakai dalam perbankan konvensional. Secara garis besar produk-poduk perbankan syariah yang dikeluarkan didasarkan pada prinsip titipan, sewa menyewa, jual beli, bagi hasil dan jasa. Dan apabila prinsip-prinsip tersebut dijalankan dalam kegiatan usaha perbankan syariah berdasarkan syarat dan rukunnya, maka akan menghasilkan transaksi-transaksi yang bebas dari riba, transaksi yang bersifat untung-untungan dan tidak jelas, objek yang dilarang syariah dan ketidakadilan sebagaimana pula dikehendaki dalam Undang-Undang Nomor 21 Tahun 2008 tentang Perbankan Syariah. Kata Kunci: Perjanjian, Hukum Islam, Prinsip Syariah, Perbankan Syariah. Abstract:The basic principle in Islamic treaty law is that every Muslim or legal subject has the freedom to carry out legal actions to enter into contracts and /or agreements. Freedom as referred to is free in determining the object of the agreement and free to determine who will make an agreement, provided that it does not conflict with the provisions of Islamic law. In sharia banking practices the principles of agreements and/or contracts are based on sharia principles which offer an alternative product for profit sharing principle as a substitute for the interest system used in conventional banking. Broadly speaking, Islamic banking products issued are based on the principle of deposit, leasing, buying and selling, profit sharing and services. And if these principles are implemented in sharia banking business activities based on the terms and conditions, they will result in transactions that are free from usury, profit and unclear transactions, objects that are prohibited from sharia and injustice as also desired in the Act Number 21 of 2008 concerning Sharia Banking.

scholarly journals Muḍārabah and mushārakah as micro-equity finance: perception of Selangor’s disadvantaged women entrepreneurs

2020 ◽  
Vol 12 (2) ◽  
pp. 217-237
Author(s):  
Reazul Islam ◽  
Rubi Ahmad
Keyword(s):  
Women Entrepreneurs ◽  
Structural Equation ◽  
Islamic Law ◽  
Profit Sharing ◽  
Equity Financing ◽  
Content Type ◽  
Disadvantaged Women ◽  
Poor Women ◽  
Microfinance Institution ◽  
Equity Finance

Purpose This study aims to gain the perception of Selangor’s disadvantaged women on the Sharīʿah (Islamic law) rules on two micro-equity financing instruments, namely, muḍārabah (profit sharing) and mushārakah (profit-and-loss sharing) (M&M). Design/methodology/approach A survey was carried out in the rural area of Selangor district in Malaysia by administering a self-generated structured questionnaire. A total of 330 completed questionnaires were retrieved from the members of an Islamic microfinance institution (IsMFI), namely, Amanah Ikhtiar Malaysia (AIM). The data were analysed by using structural equation modelling. Findings The female borrowers of AIM perceive the Sharīʿah rules of M&M requiring high moral and ethical values and diligent repayment performance. They are aware of some other underlying provisions such as business liquidation, share transfer, information discloser and business termination. The overall findings of this study suggest that the perceived Sharīʿah rules are akin to those that are commonly used in general partnership businesses between Muslims. It also indicates that disadvantaged entrepreneurs would accept the rules that are easy to comprehend as well as favourable to their interests. It further suggests that respondents’ experiences of microfinance and business operation do not have a significant influence on their perception of M&M instruments. Research limitations/implications This study was limited to Selangor. So, the perception of Muslim women surveyed may not represent the views of all women in Malaysia. However, it can offer a primary understanding of the said issue. Practical implications The findings of this study can help IsMIFs take initiatives to offer M&M as micro-equity finance to poor women entrepreneurs. Originality/value So far, limited studies have been carried out on M&M-based microfinancing. This paper offers new insights presenting disadvantaged women entrepreneurs’ perception of these financing instruments.

scholarly journals Pricing Linkage between Islamic Banking and Conventional Banking: The Case of Bangladesh

2016 ◽  
Vol 3 (4) ◽  
pp. 84
Author(s):  
Sarwar Uddin Ahmed ◽  
Ashikur Rahman ◽  
Samuel Parvez Ahmed ◽  
G M Wali Ullah
Keyword(s):  
Profit Sharing ◽  
Islamic Banking ◽  
Specific Rate ◽  
Islamic Banks ◽  
Loss Mechanism ◽  
Monthly Data ◽  
For Profit ◽  
Significant Difference ◽  
Conventional Banks ◽  
The Relationship

<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>

scholarly journals Analysis of Umkm Cooperation Ratio in the Context of Musyarakah in Yogya Purwakarta Toserba Food Court

2019 ◽  
Vol 3 (2) ◽  
pp. 154-166
Author(s):  
Rachma Frattiwi
Keyword(s):  
Data Collection ◽  
Venture Capital ◽  
Qualitative Analysis ◽  
Profit Sharing ◽  
The Other ◽  
Cooperation Agreement ◽  
For Profit ◽  
Approach Method ◽  
Collaboration Agreement ◽  
Mutual Agreement

This research was conducted at the Yogya Purwakarta Toserba Food Court. The problem that occurred at the Yogya Purwakarta Toserba Food Court was that the concept of the collaboration agreement that was carried out tended to be wrong. The purpose of this study was first to determine the cooperation agreement undertaken by the UMKM with the "Yogya Rasa", namely the system of cooperation agreements for results. Cooperation agreement for profit sharing here is a cooperation agreement made by one party with another party. Where one party provides facilities or infrastructure in the form of a place in the form of a counter while the other party occupies the counter with a profit sharing system. second to find out the suitability of the Musyarakah contract concept. The cooperation agreement that has been carried out by the UMKM with the manager of Yogya Toserba Food Court is in accordance with the Syirkah Mudharabah concept in which this collaboration is carried out by the first party contributing capital and work at the same time while the second party only contributes only venture capital while profits are shared according to mutual agreement. This research uses descriptive qualitative analysis approach method. Data collection can be done by the method of observation, interviews and documentation

scholarly journals Sukuk (Obligasi Syariah) dalam Perspektif Keuangan Islam

2019 ◽  
Vol 5 (2) ◽  
pp. 165-179
Author(s):  
Maula Nasrifah
Keyword(s):  
Financial Institutions ◽  
Capital Market ◽  
Revenue Sharing ◽  
Profit Sharing ◽  
Mutual Respect ◽  
For Profit ◽  
Private Placement ◽  
Proof Of Ownership ◽  
Maturity Date ◽  
The Future

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

scholarly journals INVESTIGATION OF REVENUE SHARING, TRANSPARENCY AND FIRM PERFORMANCE TO PROFIT DISTRIBUTION MANAGEMENT

2019 ◽  
Vol 2 (2) ◽  
pp. 75-81
Author(s):  
MISMIWATI MISMIWATI ◽  
TONA AURORA LUBIS ◽  
ENGGAR DIAH PUSPA ARUM
Keyword(s):  
Firm Performance ◽  
Revenue Sharing ◽  
Profit Sharing ◽  
Distribution Management ◽  
Profit Distribution ◽  
For Profit ◽  
And Performance ◽  
A Company ◽  
Performance Research

This study was conducted to determine the effect on Profit Distribution Management recorded in Bank Indonesia on financing for profit sharing, transparency and performance. Research conducted using RGEC Method to determine the level of performance in the company and the population of this study is a company listed in the Jakarta Islamic Index of 2012-2016. The results of this study indicate that mudharabah variables have an effect but not significant to PDM, ROA and CAR have significant effect to PDM while musharaka, transparency, FDR, GCG and BOPO have no significant effect to PDM.

The Calculation of Premiums for Profit-Sharing Group Death Benefit Policies.

1955 ◽  
Vol 13 (02) ◽  
pp. 118-124
Author(s):  
P. J. H. Green
Keyword(s):  
Profit Sharing ◽  
For Profit ◽  
The Difference

The type of contract which will be considered is a renewable oneyear term assurance on a group of lives which provides, in addition to a capital sum on the death of any life, that if at the end of the year the total claims in the year are less than some fraction,k, of the premiums paid, then a fraction,l, of the difference will be refunded.Suppose thatPis the net andP′the office premium fornlives assured for a sum of 1 each and thatq(r)is the probability that exactlyrdeaths will occur during the year, then,wherecis the integral part ofkP′. Sinceequals the expected deaths,μsay, the equation may be written,whereand.

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