scholarly journals Challenges Faced by DPS in Indonesia and Ways to Solve Them

2021 ◽  
Vol 1 (2) ◽  
pp. 1-32
Author(s):  
Muzakkir Muhsin Thaha ◽  
Hossam El-Din Ibrahim Mohamed ◽  
Muntaha bin Artalim Zaim
Keyword(s):  
Analytical Approach ◽  
Conflicts Of Interest ◽  
Civil Law ◽  
Supervisory Board ◽  
General Assembly ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Banking Systems

This study aims to identify some issues facing the Sharia Supervisory Board (SSB) in Indonesia and find ways to solve them. Some cases were found to have obstructed SSB operations, resulting in SSB's failure to enjoy its privileges. What is interesting is that the legalization of many Sharia banking systems in Indonesian civil law didn’t produce optimal results that is the full commitment of Islamic banking activities to principles of Sharia. This study contributes to providing effective and applicable solutions in order to systematically improve the work of SSB. The researcher relies on the inductive and analytical approach to clarify and solve the problems by referring to heritage and contemporary būks. The research reached some conclusions and recommendations: 1- Making legal affiliation of the SSB refer to a higher official authority in-country to ensure independence. 2- The SSB must prove the urgency of their presence among customers and utilize technology to accelerate demonstrating of Sharia provisions for ongoing projects. 3- There is still a problem in appointing the members of SSB by the bank’s general assembly due to potential conflicts of interest. 4- SSB members can collect salaries and bonuses from Islamic banks in return for their efforts and carving out their times.

scholarly journals Pola dan Perkembangan Perbankan Syariah di Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 34-41
Author(s):  
Ahmad Khoirin Andi
Keyword(s):  
Financial Institutions ◽  
Banking System ◽  
Supervisory Board ◽  
Islamic Banking ◽  
Islamic Banks

The development of Islamic banking in Indonesia with the complexity of the problem in its journey has shown good results and as a reference for the pattern and strategy for developing financial institutions. Islamic banking with its (the) sharia principles of avoiding usury practices and prioritizing mutual benefits have proven to be a complete banking system. But besides that, additional supervision is needed to ensure the implementation of sharia principles, namely by the existence of a sharia supervisory board (DPS) to implement fatwas as guidelines for the operation of Islamic banks issued by the National Sharia Council (DSN).

Analisis Kepatuhan Syariah pada Bank Syariah: Studi Kasus Bank Pembiayaan Rakyat Syariah

2020 ◽  
Vol 4 (1) ◽  
pp. 27-35
Author(s):  
Aini Maslihatin ◽  
Riduwan Riduwan
Keyword(s):  
Descriptive Analysis ◽  
Supervisory Board ◽  
Fundamental Principle ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Quantitative Descriptive Analysis ◽  
Sample Distribution ◽  
Quantitative Descriptive ◽  
Conventional Banks ◽  
High Degree

Sharia compliance is the adherence of Islamic banks to Islamic rules or laws in muamalah and is one of the factors that differentiate it from conventional banks. Therefore sharia compliance is a fundamental principle in Islamic banking practices. Muamalah law, especially the economy, has a high degree of difference, so the sharia compliance standards in Indonesia refer to the Fatwa of the National Sharia Council-Indonesian Ulama Council (DSN-MUI). This study aims to analyze the practice of sharia compliance in Islamic Rural Banks (BPRS) in Indonesia. The data analyzed is the assessment of the Sharia Supervisory Board (DPS) on the practice of BPRS for five years. The sample distribution covers all regions of Indonesia with 24 units of analysi with 46 respondenss. The data analysis used quantitative descriptive analysis and compared it with the DSN-MUI fatwa. This study's results indicate that the level of compliance with Islamic rural banks in Indonesia is, on average, excellent. Other findings show that, when viewed from the contract's practice, financing with a musyarakah contract has the highest level of sharia compliance compared to separate agreements. Meanwhile, the lowest sharia compliance is in the murabahah contract. This condition is influenced because Islamic banks often use the murabahah bil wakalah contract. The weakness of this contract lies in the procurement of goods by customers, often not accompanied by proof of purchase.

scholarly journals Pendapatan Non-Halal, Zakat, Dewan Pengawas Syariah dan Reputasi Perbankan Syariah di Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 31-43
Author(s):  
Indria Puspitasari Lenap ◽  
Nina Karina Karim ◽  
Elin Erlina Sasanti
Keyword(s):  
Significant Role ◽  
Sampling Method ◽  
Supervisory Board ◽  
Islamic Banking ◽  
Company Size ◽  
Islamic Banks ◽  
Financial Report ◽  
Purposive Sampling ◽  
Ideal Number ◽  
The Ideal

This study examines the influence of non-halal funds, zakat, and the number of Sharia Supervisory Board (SSB) on the reputation of Islamic banking in Indonesia. The sample is determined by the purposive sampling method and resulted in 7 banks or 35 observations from 2014 to 2018. The results showed that non-halal funds did not affect the reputation of Islamic banking. However, non-halal funds in the company's financial report notes show that Islamic banks, especially in Indonesia, have not fulfilled sharia regulations. The results also showed that zakat affects the reputation of Islamic banking. Zakat in Indonesia is greatly influenced by company size in terms of its assets. Zakat paid by Islamic banks in Indonesia is still low, and the gap for the welfare of the directors and employees of Islamic banks is a huge difference. Furthermore, this study indicated that the number of SSB affects the reputation of Islamic banking. Therefore, SSB has a significant role in compiling reports about sharia compliance. The ideal number of SSB is between 3 and 6 people.

Sharia’h practice at Islamic banks in Pakistan

2018 ◽  
Vol 9 (3) ◽  
pp. 274-289
Author(s):  
Muhammad Tariq Majeed ◽  
Abida Zainab
Keyword(s):  
Risk Sharing ◽  
Banking Sector ◽  
Islamic Law ◽  
Banking Industry ◽  
Supervisory Board ◽  
Primary Data ◽  
Equation Modeling ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Content Type

PurposeIslamic banks provide an alternative financial system based on Sharia’h (Islamic law). However, critics argue that operation at Islamic banks is violating Sharia’h particularly in terms of provision of interest free services, risk sharing and legal contract. The purpose of this paper is to empirically evaluate the Sharia’h practice at Islamic banks in Pakistan by considering some basic principles of Sharia’h. Design/methodology/approachPrimary data are collected from 63 branches of Islamic banks in Pakistan. Questionnaire is used as an instrument. The study uses structural equation modeling that includes confirmatory factor analysis and regression analysis. Data are codified and analyzed using SPSS and Amos. FindingsThis study finds that Islamic banks are providing interest free services, ensuring that transactions and contracts offered by Islamic banks are legal and offering conflict-free environment to customers. In contrast, estimated results expose that Islamic banks are not sharing risk and Sharia’h supervisory board is not performing its role perfectly. Similarly, it is found that organization and distribution of zakat and qard-ul-hassan are weak at Islamic banks. Research limitations/implicationsData are collected from Islamabad federal capital of Pakistan that hold just 5 per cent share of Islamic banking industry. This small share may not provide true picture of Islamic banking sector. Practical implicationsTo ensure risk sharing, Islamic banking industry must consider the development of new modes of financing and innovation of more products based on Sharia’h. State Bank of Pakistan should ensure separate regulatory framework that enable Islamic banks to provide qard-ul-hassan, organize and allocate zakat. Originality/valueThis paper discusses the perception of bankers, who are actually the executors, about Shariah’s practices at Islamic banks in Pakistan. There are not many discussions on this topic that could be found, and hence this could be considered as a significant contribution by this paper to the existing literature of Islamic finance.

scholarly journals The civil law form of musharakah as an instrument for direct participation of the Islamic bank in capital: A retrospective analysis and modernity

Pravovedenie ◽  
2020 ◽  
Vol 64 (3) ◽  
pp. 326-351
Author(s):  
Anna N. Kuznetsova ◽  
◽  
Inese Tenberga ◽  
Keyword(s):  
Economic Development ◽  
Civil Law ◽  
Banking System ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Free Banking ◽  
Muslim Population ◽  
Legal Nature ◽  
Distribution Of Resources ◽  
Conventional Banks

Conventional banks, which operate under the conditions of interest capitalism, no longer dominate the financial sector. In the 21st century, Islamic banks, which provide services on an interest-free basis, have become their main competitors. In recent years, Islamic banking has grown rapidly even though 30–40 years ago it was only a regional phenomenon that could be found in countries with a predominantly Muslim population. The dispersal of capital by scaling a separate interest-free banking segment is now on the agenda of the Islamic world. It is stimulating the growing social demand for a fair distribution of resources within the community, as well as sustaining, at the same time, resilient economic development. However, the activity of Islamic banks remains a poorly studied and understood phenomenon within the circles of Russian legal science. In this article, the authors reveal the legal nature of the participation transaction involving shirkat al’-inan, while attempting to clarify the notion of using musharakah as a form of civil law, derived from shirkat al’-inan, within the Islamic banking system.

scholarly journals Solution for Islamic Banks Exploitation: A Criticism of Fixed-Yields Based Financing in Indonesia

2020 ◽  
Vol 4 (1) ◽  
pp. 48
Author(s):  
Muhamad Nafik Hadi Ryandono
Keyword(s):  
Analytical Approach ◽  
Profit Sharing ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Fixed Income ◽  
Operational Cost ◽  
For Profit ◽  
Operational Costs ◽  
Islamic Economic ◽  
Bank System

The profit-sharing system is the main characteristic of Islamic banking that distinguishes them from conventional (ribawi) banking. However, in reality, the profit-sharing contract is rarely implemented in Islamic banking. As a result, Islamic banking is still identified as ribawi banking. Many Islamic economists have examined the reasons behind fixed income contracts, especially murabahah contract that applied predominantly, structurally, systematically and massively compared to the profit-sharing contract. Therefore, with a critical analytical approach, this study aims to dismantle and look for solution towards exploitation of fixed income-based financing in Indonesian sharia banking. The results of this study are fixed income-based financing should be applied limited to covering the operational costs of Islamic banks but the remainder must be channelled based on profit-sharing systems. Meanwhile, funding for profit-sharing systems is intended to gain profits and cover the operational cost variables. Thus, predatory exploitation of Islamic banks in Indonesia can be minimized by maintaining the composition of the maximum financing about forty per cent which is a fixed-yield based and leave the rest to a profit-sharing system. Then, the more equitable Islamic bank system and Islamic economic goals will be created and offer benefits such as the achieving of the objectives of Islamic sharia (maqashid shariah) and minimizing the image of Islamic banks as ribawi bank.

scholarly journals DIMINISHING MUSHARAKAHIN ISLAMIC BANKS: AN ANALYSIS BASED ON HOME FINANCING

2021 ◽  
Vol 04 (01) ◽  
Author(s):  
Muhammad Junaid Ali Khan ◽  
Abdul Majid
Keyword(s):  
Banking Sector ◽  
Modern World ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Significant Growth ◽  
Banking Systems ◽  
Widespread Acceptance ◽  
Banking Institutions ◽  
The Common

Islamic Banking is one of the fastest growing banking systems in the modern world. It has also achieved significant growth in the Pakistani banking sector in the recent decades. Diminishing Musharakah (DM) is an Islamic mode of finance which not only provides home financing facilities to the customers but also provides other long term financing transaction such as machinery and equipment financing in Islamic banks. In September 2020, DM has the largest share in the Islamic banking financing in Pakistan at 34.5 percent. Considering the widespread acceptance of DM, this paper discusses the shariah structure of DM and its use as a home finance product, specifically its variants, in Islamic Banking Institutions. This paper also clarifies the issues which create confusions in the minds of the common public about Islamic banking products, emphasizing the importance of this product for Islamic Banking Institutions

THE ISLAMIC VS CONVENTIONAL BANKS: AN EVIDENCE ON THE ECONOMIC DEVELOPMENT

2021 ◽  
Vol 02 (01) ◽  
pp. 68-81
Author(s):  
Muhammad Saqib Khan ◽  
Shaheera Munir ◽  
Ammara Mujtaba
Keyword(s):  
Quantitative Research ◽  
Banking System ◽  
Value Added ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Banking Systems ◽  
Tax Shield ◽  
Gross Value Added ◽  
Conventional Banks ◽  
Bank System

This paper highlights how financial and conventional bank system contribute to economic growth. As the Islamic banking system is grounded on shariah’s laws and Usury/RIBA (interest) are prohibited in Islam so there will be no tax shield in this banking system and they have to pay more tax as compared to the conventional banking system. By analyzing their performance and using the gross value-added contribution of both banking systems was observed. Six banks are selected for this purpose of which 3 Islamic banks i.e. Dubai. It is quantitative research so different ratios are used to examine both banking system performance and gross value added to give us information that to what extend both banking systems are contributing to the economy. In an examination, it has been exposed that both banking systems are conducive much to economy as conventional banks are developed their infrastructure is bigger than Islamic banks where Islamic banks just start near past a few years back.

Independence and effectiveness of Shariah supervisory board of Islamic banks: evidence from an emerging economy

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Md. Kausar Alam ◽  
Muhammad Shahin Miah
Keyword(s):  
Central Bank ◽  
Banking Sector ◽  
Supervisory Board ◽  
Islamic Banking ◽  
Research Approach ◽  
Islamic Banks ◽  
Legitimacy Theory ◽  
Snowball Sampling ◽  
Content Type ◽  
Theoretical Contribution

PurposeThe main objective of the study is to ascertain the level of independence and the effectiveness of the Shariah Supervisory Board (SSB) members of Islamic banks in Bangladesh. This is because only SSB members are empowered to oversee and certify the overall business functions of Islamic banks.Design/methodology/approachThis paper implements qualitative case research approach to explore the research objective in the context of Bangladesh. We applied purposeful and snowball sampling tactics for selecting respondents. By using a semi-structured questionnaire and face-to-face interviews, we collect data from SSB members, central bank executives and experts in Islamic banking and Shariah governance.FindingsThe study finds that majority Islamic banks' SSB's positions are similar to the Board of Directors (BOD) of the banks. Next, this study finds that in recruiting/selecting SSB members, some banks do not follow the guidelines of the central bank. This study finds mixed evidence regarding the independence of the members of the SSB. Most of the respondents opined that SSBs do not have power; in some cases, members of SSB are not independent and seeming powerless as BOD selects and recruits them. In contrast, they are dependent on management in respect of strategy implementation.Research limitations/implicationsThe study significantly contributed to the national and global regulatory bodies by identifying an important governance determinant of Islamic banks that is the independence of SSB members, which is highly important for both Shariah functions, and to enhance the trust level of the stakeholders. This study makes a theoretical contribution by documenting the violation of stakeholder theory and agency theory in recruiting SSB members by BOD's choice. The lack of SSB members' independence has an impact on Shariah legitimacy of the Islamic banks which is contradictory with the notion of legitimacy theory. This study recommends the central bank to ensure the independence of the SSB and central bank should take initiatives to develop an environment for the Islamic banking sector.Originality/valueThis study extends the literature of corporate governance relating to Islamic banking and financial institutions. More specifically, this paper explores the necessity of independence of members of the monitoring body (here SSB), an important constituent of governance, to ensure high-quality governance and transparency in reporting to increase diverse stakeholders' trust/confidence. The absence of independence of SSB in performing their functions contradicts with the agency, stakeholder and legitimacy theory, which is inconsistent with global evidence, that demands further investigations.

scholarly journals The relationship between agency theory, stakeholder theory and Shariah supervisory board in Islamic banking

Humanomics ◽  
2017 ◽  
Vol 33 (1) ◽  
pp. 75-83 ◽  
Author(s):  
Sulaiman Abdullah Saif Al-Nasser Mohammed ◽  
Joriah Muhammed
Keyword(s):  
Corporate Governance ◽  
Agency Theory ◽  
Stakeholder Theory ◽  
Supervisory Board ◽  
Theoretical Background ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Content Type ◽  
Islamic Perspective ◽  
The Difference

Purpose In relation to the critical problem, this paper aims to present an understanding of the agency theory and the stakeholder theory from the perspective of the Islamic principles. Indeed, a thorough examination of the theoretical background explaining corporate governance from the Islamic perspective is necessary to conduct research analysing corporate governance in Islamic banks. Design/methodology/approach The authors followed a critical review discussion; this method takes into consideration presenting important theories and comparing those theories with Islamic perspective. Findings The authors presented important arguments on the difference between ordinary theories to explaining corporate governance and Islamic perspective. The paper browsed into whether the Shariah Supervisory Board is a fit with the agency theory by explaining the agency theory and how it differs from the Islamic banking concepts. The paper involved an analytical review on stakeholder theory and presented a critique and the rationale as to why there is ample room for the Shariah Supervisory Board to be considered a fit with the stakeholder theory, as the Shariah Supervisory Board is an independent body influencing the firm. Originality/value The paper is of important value to those conducting research in the area of governance in Islamic banks; they may find it beneficial in terms of underlining theory building their research framework.

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