scholarly journals Peran Dan Kompetensi Auditor Syariah Dalam Menunjang Kinerja Perbankan Syariah

2020 ◽  
Vol 4 (2) ◽  
pp. 222-241
Author(s):  
Aulia Putri Oktaviani Jusri ◽  
Erina Maulidha
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Supervisory Board ◽  
Study Data ◽  
Islamic Banking ◽  
Literature Study ◽  
Internal Auditors ◽  
Islamic Financial Institutions ◽  
Descriptive Approach

The increase in the growth of Islamic banking needs to be supported by the performance of sharia auditors. This study aims to discuss the role and competence of Islamic auditors in supporting the performance of Islamic banking. This type of research uses qualitative methods with a descriptive approach using literature study data. The results of this study indicate that the competencies that must be possessed by sharia auditors include knowledge of Islamic law, fiqh muamalah, skills in accounting and auditing, and special characteristics as sharia auditors. This competence is the key to maximizing the role and competence of sharia auditors to support the performance of Islamic banking. The roles of sharia auditors include as independent auditors, internal auditors, and sharia supervisory board. Sharia compliance tests on Islamic financial institutions are part of the role of the sharia auditor.

Sharia Compliant in Private Zakat Institutions of Riau

2020 ◽  
pp. 429-442
Author(s):  
Devi Megawati
Keyword(s):  
Financial Institutions ◽  
Supervisory Board ◽  
The Body ◽  
Islamic Banks ◽  
Body Of Knowledge ◽  
Islamic Financial Institutions ◽  
Primary Reference

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.

scholarly journals Al-Mashaqqah Tajlib Al-Tays¬ir Makna Dan Implikasinya Dalam Pengembangan Ekonomi Islam

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
M. Dliyaul Muflihin
Keyword(s):  
Economic Development ◽  
Financial Institutions ◽  
Islamic Law ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Equal Distribution ◽  
The Public ◽  
Islamic Financial Institutions ◽  
Islamic Economic

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

scholarly journals Etika Profesi Dewan Pengawas Syariah

2018 ◽  
Vol 2 (2) ◽  
pp. 238
Author(s):  
Syai'in Syai'in
Keyword(s):  
Organizational Structure ◽  
Financial Institutions ◽  
Supervisory Board ◽  
Central Office ◽  
Islamic Banking ◽  
Religious Leader ◽  
Competency Testing ◽  
Bank Institution ◽  
Islamic Financial Institutions

<p><em>Among distinction between conventional banking and Islamic banking is the organizational structure. At Islamic banking and other islamic financial institutions  should have a sharia supervisory board. The Shari'ah supervisory board is located in the central office and its function is to oversee the business activities of the bank in accordance with the principles of shari'ah. In carrying out its functions, the Shari'a supervisory board must follow the DSN fatwa. </em><em></em></p><p><em>In the early days, members of the DPS banking were only proposed by the bank institution to DSN-MUI to obtain a decree as a ligality of their membership. Therefore at that time the syari'ah bank to propose candidates for the Shari'ah supervisory board simply chose someone who became a religious leader, cleric and ulama in the place of work of the bank.</em></p><p><em>After issuing the DSN-MUI Decree No. 02 of 2000, DPS membership is made an extension of the DSN whose legality is improved in the membership mechanism through competency testing, which is in the DSN Language to attend "invitation to prospective DPS member friendship". Members of the Shari'ah Supervisory Board will get DSN certification if it has been considered to meet the standards set.</em><em></em></p>

scholarly journals Upaya Perlindungan Konsumen terhadap Akad Klausula Baku (Studi pada Pengadilan Agama Makassar Klas IA)

2018 ◽  
Vol 5 (2) ◽  
pp. 187
Author(s):  
Disa Nusia Nisrina
Keyword(s):  
Case Studies ◽  
Financial Institutions ◽  
Subject Matter ◽  
Field Research ◽  
Islamic Banking ◽  
Standard Contract ◽  
Consumer Rights ◽  
Islamic Financial Institutions ◽  
The Subject

Penerapan akad klausula baku semakin banyak seiring berkembangnya berbagai macam bentuk transaksi dalam perbankan syariah dan lembaga keuangan Islam lainya, akad baku masih sering menggunakan klausula eksemsi yang mengandung pembatasan tindakan kepada konsumen dalam melakukan kegiatan bisnis, hal ini sering memicu terjadinya konflik atau sengketa dalam perjanjian. Sehingga, jika terjadi sengketa antara konsumen dengan lembaga keuangan syariah khususnya perbankan syariah maka dibutuhkan peran pengadilan agama dalam melindungi hak-hak konsumen. Pokok masalah yang dikaji dalam penelitian ini adalah bagaimana upaya perlindungan konsumen terhadap akad klausul baku di Pengadilan Agama kota Makassar?. Metode yang digunakan dalam artikel ini adalah lapangan (field research kualitatif) dengan pendekatan teologis-Syari, dan yuridis-normatif, serta studi kasus. Setelah penelitian dan pengkajian dilakukan maka ditemukan bahwa, hakim memiliki upaya korektif untuk memperbaharui akad baku yang memberatkan konsumen dalam menjalankanya, upaya tersebut diharapkan dapat melindungi hak-hak konsumen, diantara bentuk upaya korektif tersebut adalah rescheduling yakni penjadwalan ulang, reconditioning merupakan persyaratan kembali dan restrukturisasi adalah penataan ulangThe implementation of standard contract is increasing as various forms of transactions develop in Islamic banking and other Islamic financial institutions, standard contract still often use exclusion clauses that contain restrictions on actions for consumers in conducting business activities, this often triggers conflicts or disputes in agreement. So, if there is a dispute between consumers and Islamic financial institutions, especially Islamic banking, the role of Islamic courts is needed in protecting consumer rights. The subject matter examined in this study is how to protect consumers against the standard clause contract in the Makassar City Religion Court?. The method used in this article is a field (field research qualitative) with a theological-Syari approach, and juridical-normative, as well as case studies. Upon research and  accomplishment of this study it is found that, the judge has a corrective effort to renew the standard contract which is burdensome for the consumer in carrying out it. The effort is expected to protect consumer rights. Among the corrective efforts is rescheduling, reconditioning and restructuring

scholarly journals The independence of the Shari’a supervisory board in the Islamic financial institutions of the GCC countries

2010 ◽  
Vol 6 (2) ◽  
pp. 20-34
Author(s):  
Samy Nathan Garas ◽  
Chris Pierce
Keyword(s):  
Financial Institutions ◽  
Boards Of Directors ◽  
Code Of Conduct ◽  
Supervisory Board ◽  
Executive Management ◽  
Gcc Countries ◽  
The Board Of Directors ◽  
Islamic Financial Institutions ◽  
Supervisory Boards

Islamic Financial Institutions (IFIs) are governed by two boards: the Board of Directors (BoD) and the Shari’a Supervisory Board (SSB). The SSB is a panel of Shari’a scholars who act independently from other governance organs. This paper discriminates between dependent SSBs and independent SSBs by using twenty one variables, which are classified into three groups: the implementation of governance best practices, the recruitment of SSB members, and the relationship between the SSB members and other governance organs. This study is one of the first studies that provide empirical results about the SSB independence. Nevertheless, the research focuses exclusively on the Gulf Cooperation Council (GCC) countries and excludes the other countries where Shari’a supervision might have different forms. The study has developed a hypothesis, which was tested by a questionnaire. Data was collected from 76 Shari’a Supervisory Boards, 73 Boards of Directors, and 59 shareholders of IFIs in the GCC countries (Bahrain, Kuwait, Qatar, Saudi Arabia, and UAE) during 2009. The discriminant analysis has been used in identifying both dependent and independent SSBs. The paper finds five variables relevant in discriminating the two groups. These variables are the incentives provided to the SSB; the average remuneration to the SSB members; the existence of the policy of penalties for violating the code of conduct; the relation between the SSB members and the BoD; and the role of executive management in recruiting SSB members.

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 AL-MASHAQQAH TAJLIB AL-TAYSIR MAKNA DAN IMPLIKASINYA DALAM PENGEMBANGAN EKONOMI ISLAM

2018 ◽  
Vol 3 (1) ◽  
pp. 11-21
Author(s):  
M. Dliyaul Muflihin
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Equal Distribution ◽  
The Public ◽  
Islamic Financial Institutions ◽  
The Law

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.

scholarly journals Rethinking Islamic Economic and Finance Practices in Indonesia: Some Critical Reviews

2020 ◽  
Vol 4 (2) ◽  
pp. 81
Author(s):  
Azwar Iskandar ◽  
Bayu Taufiq Possumah ◽  
Arfan Arifuddin
Keyword(s):  
Financial Institutions ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Critical Studies ◽  
Library Research ◽  
Qualitative Descriptive ◽  
Descriptive Approach ◽  
Islamic Economic ◽  
Commercial Finance

This research aimed to review and highlight some issues related to Islamic economic and finance practices in Indonesia. This research used qualitative-descriptive approach with content analysis, library research and critical studies method. This research found some critical points on islamic economic and finance practices in Indonesia, such as (i) islamic  banking in Indonesia shows inconsistencies and unwillingly implementation; (ii) the Islamic economics practices not going too far from around financial sector (iii) the practice of islamic finance in indonesia is mostly focused on the Islamic Commercial Finance (ICF) sector and less concerned with Islamic Social Finance (ISF); (iv) shariah financial institutions is more precisely than what is called ”shariah bank” (v) epistemological problems in the islamic economics curriculum need to be answered and resolved to avoid a contraproductive output from its fundamental purposes.  It is necessary to conduct re-orientation of sharia banking in order to strengthen the vision of sharia banking. All involving parties should be able to corporate, among them are academics, practitioners, governments, and, moreover, the role of scholars and organizations. It is reorientation and synergy of these parties which shall solve the problem of half-hearted implementation of banking and answer all criticism directed to the sharia banking all this time

scholarly journals Model Pembiayaan Syariah Dalam Mengatasi Praktik Sistem Tebasan Di Sentra Padi Nasional

AL-TIJARY ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 81-94
Author(s):  
Nono Hartono
Keyword(s):  
Human Resources ◽  
Financial Institutions ◽  
Research Method ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Islamic Finance ◽  
Islamic Financial Institutions ◽  
Long Time ◽  
Main Factors

The objectives of this study to identify the implementation of tebasan practices, analyze the contribution of the role of Islamic financial institutions and develop a sharia financing model to solve the practice of tebasan. The research method used with a qualitative approach, through interviews with farmers and Islamic financial institutions. The results showed that the practice of the tebasan in Indramayu had been carried out for a long time by the community, this was due to the lack of understanding of Islamic law which made the farmers continue to carry out the practice. In addition, the contribution of Islamic financial institutions to solved the practice has not yet existed. The absence of limited capital human resources and businesses that have large risks are the main factors of Islamic financial institutions have not contributed. Islamic finance which can be a solution to solve the practice of tebasan source non-commercial financing (Al-Qardhul Hasan) and commercial financing (Salam, Musyarakah or Mudharabah).

Pemakaian Prinsip Hibah Dalam Sistem Kewangan Islam Di Malaysia: Tumpuan Kepada Industri Perbankan Islam Dan Takaful

2012 ◽  
Author(s):  
Nasrul Hisyam Nor Muhamad
Keyword(s):  
Key Words ◽  
Financial Institutions ◽  
Islamic Law ◽  
Financial System ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Islamic Financial Institutions ◽  
Support Principle ◽  
Islamic Insurance ◽  
Inter Vivos

Hibah merupakan salah satu prinsip dalam muamalah Islam yang diamalkan di institusi–institusi kewangan Islam di Malaysia. Tujuan artikel ini adalah untuk membincangkan pemakaian prinsip hibah dalam Sistem Kewangan Islam di Malaysia, iaitu institusi perbankan Islam dan takaful. Bagi memperolehi data primer mengenai aplikasi prinsip hibah di dua institusi kewangan Islam tersebut, penulis telah menjalankan temu bual dengan individu yang berautoriti di Bahagian Syariah Bank Negara Malaysia, Jabatan Pematuhan Syariah di Etiqa Takaful Bhd dan Takaful Ikhlas Sdn. Bhd. Penulis mendapati bahawa prinsip hibah, walaupun tidak dianggap sebagai prinsip utama, namun ia diaplikasikan sebagai prinsip sokongan dalam aktiviti–aktiviti muamalah Islam di Institusi Kewangan Islam di Malaysia. Kata kunci: Hibah; sistem kewangan Islam; muamalah Islam; perbankan Islam; takaful; undang–undang Islam Hibah (gift inter vivos) is one of the principles of Islamic transaction that are applied at Islamic Financial Institutions in Malaysia. The purpose of this article is to discuss the application of hibah in Islamic banking as well as the takaful. In the collection of data on the application of hibah at these Islamic institutions, the writer has conducted interviews with authoritative persons at the Shariah Division Bank Negara Malaysia, the Shariah Compliant Department at Etiqa Takaful Bhd and the Takaful Ikhlas Sdn. Bhd. The writer found that even though hibah is not considered as a core principle, but it is applied as a support principle in Islamic transaction activities in the institutions of Islamic Finance in Malaysia. Key words: Gift inter vivos; Islamic financial system; Islamic transaction; Islamic banking; Islamic insurance; Islamic law

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