Kontrak Jasa pada Perbankan Syariah : Wakalah, Kafalah dan Hawalah

2021 ◽  
Vol 4 (1) ◽  
pp. 42-53
Author(s):  
Muhammad Arfan Harahap ◽  
Sri Sudiarti

Financial service activities provided by Islamic banking in Indonesia are applied with various service contracts such as wakalah, hawalah and kafalah. In its current operation, the service contract is still an issue that is discussed, especially regarding the conformity of the contract to sharia provisions. The purpose of this study is to analyze the service contracts of Islamic banks in the review of fiqh muamalah maliyah. The type of qualitative research used in this study describes descriptively to provide a clear picture of the implementation of the contract used in the service products provided by Islamic banking. The literature study in this study was carried out by collecting data in the form of journals, books, Fatwa DSN, KHES in order to strengthen the conclusions that were built. The results of this study describe the operational concepts of service contracts: wakalah, hawalah and kafalah in Islamic banking. Furthermore, the findings in this study reveal that service contracts in wakalah, hawalah and kafalah contracts that are applied to various products in Islamic banking are appropriate in the review of fiqh muamalah maliyah.

2018 ◽  
Vol 1 (1) ◽  
pp. 335
Author(s):  
Ridwan Muchlis

This study wants to know the development of applications created by Islamic banking in order to be able to utilize FinTech in an effort to accelerate the financing process. This technology is expected to facilitate services to customers in terms of financing products in Islamic banks. The variety of financing products in Islamic banking requires a more applicative system to make it easier for customers to understand, understand, and use these financing products with an application. But the development of this fintech application turned out to have several disadvantages. One of them is the need for an internet network that supports the efficiency of financing activities in Islamic banks and also the existence of cyber crime activities that make the interest of customers to use this application to be reduced. This type of research is qualitative research using the SWOT analysis method on 4 Islamic banks in Medan City. Based on the results of the research analysis, it is suggested that from the outset prepare regulations relating to FinTech financing. The risk can be minimized and customers increase their understanding and knowledge for transaction convenience and security in Islamic banking.


2021 ◽  
Vol 10 (1) ◽  
pp. 247-258
Author(s):  
MUHAMMAD AQIB ALI ◽  
TALAT HUSSAIN

The study is aimed at assessing the opinions of vital Islamic banking stakeholders including members of various Islamic banking Shariah Supervisory Boards (SSBs) and pertinent personnel from Pakistan’s central bank – The State Bank of Pakistan (SBP). The research analyzes the percepts of respondents regarding various aspects relevant to Islamic banking (IB) products, service and objectives. The paper employs qualitative research approach in analyzing the Shariah and regulatory experts’ viewpoints regarding Islamic banking. The study is conducted using semi-structured interviews of twelve Shariah supervisors and nine SBP staff members serving in the Islamic banking department and Islamic banking focus groups in the regional/field offices of the State Bank of Pakistan. The study is of pioneering nature involving qualitative research design and inclusion of two of the most significant stakeholder groups from the Islamic banking sector of Pakistan who have not been included in the past studies regarding Islamic banking perceptions. The research findings highlighted that Shariah objectives are top priority of Islamic banks as per the views expressed by members of Shariah boards of various banks while in opinion of Islamic banking regulators, Islamic banks’ major concern is to achieve their business objectives. Keywords: Islamic Banking, Islamic Finance, Pakistan, Products, Perceptions, Shariah Compliance.


2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Ahmad Fahrudin A

<p>The dynamics of development of Islamic banking in the working area KBI Malang is encouraging its development in which the Islamic banks NPL rate tends to increase significantly. In this institution within a period of nearly two years alone have been able to make an investment of about 13 M. with clients (depositors) of about 1300 people and 250 customers (users). This is the kind of qualitative research that uses a case study, the approach aims to maintain the integrity of the object and also with verifikatif approach. Verifikatif approach is intended to minimize the possibility of low reliability is often the case in case study research, in order to explain: first: accountability factors in the management of Islamic banks and funds processing, collection and utilization of capital funds, second: factors capabilities of Islamic banks in improving the quality and quantity of social and economic life of society. The results showed that: Factors that support the assessment of accountability in the management of Islamic banks and funds processing, collection and utilization of capital funds is reviewed from the aspect of increased cash liquidity ratio of 15.06% in 2005 rose to 18.12% in 2006 so it has good title, while LDR 44.12%, still well in the predicate. ROA profitability aspects seem to have decreased between 2005 to 2006, where in 2005 while the ROA of 1.99% in 2006 to 0.77%, to BOPO increase from the year 2005 amounted to 84.75% in 2006 amounting to 95.01%, for capital aspects of healthy and performing said, because the CAR above 10% which in 2005 grew 16.94% to 19.07%. Factors that support the capability of Islamic banks in improving the quality and quantity of social and economic life of society is: cooperation financing, business development and service cooperation, and cooperation through SME business support reached 42% this year.</p> <p> </p> <p> </p>


2019 ◽  
Vol 1 (1) ◽  
pp. 69-92
Author(s):  
Fadhliyah Ulfah Rustan ◽  
Sitti Jamilah Amin ◽  
Syahriyah Semaun

Response is interpreted as a response, reaction and answer. A response will appear from receiving the message after a series of communications. Financing is one of the bank's main tasks, namely the provision of funds provision facilities to meet the needs of the parties which constitute a unit deficit. Employee response is used in this case to find out how much employees respond well or are interested in financing Islamic banks. This research is descriptive qualitative using a phenomenology approach. Therefore, the authors chose to use qualitative research methods to determine how to search, collect, manage, analyze data from research results and draw conclusions.The results of the study show that: 1) The financing system on Islamic bank products uses four different patterns or systems, namely: profit sharing system, buying and selling system, rental system, loan system. 2) Facilities provided by Islamic banks in the form of providing funds to meet the needs of parties with a profit sharing system. 3) Respondents' responses indicate that most respondents gave positive responses. This condition gives the impression that the employee's response to Islamic banking is perceived positively by respondents. Of the various types of products in Islamic banks, only the savings that are most sought after by sharia bank customers and their reasons for choosing these products because of sharia-compliant, lawful and safe Islamic bank products.


2017 ◽  
Vol 1 (2) ◽  
pp. 57-62
Author(s):  
Dasep Sugandi

This paper discusses the application of Sharia compliance to industry and Islamic finance business. Sharia compliance is a possible means of preventing risk and fraud in the real sector. This also applies to the innovation of Islamic financial products. Shariah rules are expected to be a guide in the operationalization of Islamic banking in Indonesia. With literature study, this paper found that Shariah compliance serves as an ex-ante (preventive) action and measure, to ensure policies, rules, systems and procedures, and business activities undertaken by Islamic banks. Innovation of Islamic banking products refers to sharia standards and shariah governance sourced from Qur'an and Hadith, guided by international standards, fulfillment of integrity and quality of Islamic banking human resources, suitability of contracts, and not dozens of people as consumers.


2019 ◽  
Vol 3 (1) ◽  
pp. 1-11
Author(s):  
Miftah Idris

The risk faced by sharia banking in channeling funds through financing is the biggest source of risk for business operations, because the presence of problematic financing not only lowers income for Islamic banks but also affects the health of Islamic banks. Therefore, risk management is needed to identify, measure, monitor and control risks in accordance with Islamic banking business activities. The purpose of this study is how efforts are made to improve the optimization of risk management in Islamic Banking. The research method used is descriptive legal research or literature with a type of qualitative research. The results of the study found that there is a need for optimization of institutions and systems in strengthening risk management in Islamic banking today


2018 ◽  
pp. 141-143
Author(s):  
Elena Yu. Matveeva

The basic principles of energy service contracts for the external illumination sector are considered. An assessment of conditions of contract profitability for both parties is given.


2021 ◽  
Vol 6 (2) ◽  
pp. 118-130
Author(s):  
Akla Rizka Alamsyah Alamsyah ◽  
Yaser Amri

Kehadiran Qanun Nomor 11 Tahun 2018 tentang Lembaga Keuangan Syariah berimplikasi pada perkembangan bank syariah di Aceh. Dengan diundangkannya Qanun Lembaga Keuangan Syariah mengharuskan lembaga keuangan yang beroperasi di Aceh berdasarkan prinsip syariah. Akibatnya, bank konvensional di Aceh melakukan konversi menjadi bank syariah. Penelitian ini bertujuan untuk mengetahui pendapat pro dan kontra dari masyarakat terkait implementasi Qanun Nomor 11 Tahun 2018 pada perbankan yang beroperasi di Aceh. Penelitian ini merupakan penelitian kualitatif deskriptif dengan metode pengumpulan data dari studi literatur atau pustaka. Hasil penelitian menunjukkan bahwa pihak yang mendukung konversi bank konvensional menjadi syariah didasarkan pada keinginan untuk menjalankan syariat Islam secara kaffah. Sedangkan pihak yang kontra menolak implementasi dari qanun tersebut dikarenakan kekurangan bank syariah dalam penyediaan fasilitas dan jasa yang sesuai kebutuhan dan terjangkau serta lemahnya persepsi dan tingkat literasi masyarakat mengenai perbankan syariah.   The presence of Qanun Number 11 of 2018 concerning Islamic Financial Institutions has implications for the development of Islamic banks ini Aceh. With the promulgation of the Qanun on Sharia Financial Institutions, it requires financial institutions operating in Aceh to be based on sharia principles. As a result, convesional banks in Aceh converted into Islamic banks. This study aims to determine the opinions of the pro and contra of the public regarding the implementation of Qanun No. 11 Of 2018 in conventional banks operating in Aceh. This research is a descriptive qualitative research with the method of collecting data from literature studies. The results shower that those who supported the converion of conventional banks to Sharia were based on the desire to implements Islamic Law in a kaffah manner. Meanwhile, those sho oppose the implementation of the qanun are due to the lack of Islamic banks in providing facilities and services that are suitable and affordable as well as the weak perception and level of public literacy regarding Islamic banking.


2020 ◽  
Vol 3 (1) ◽  
pp. 63
Author(s):  
Danang Kurniawan

<p>The effort of Islamic banks in creating and maintaining customers to remain satisfied and loyal is to implement service excellence. Descriptive qualitative research methods by reviewing the literature, books, journals and other references related to the research discussion. The results obtained, that the concept of Islamic banking service excellence consists of three aspects, namely aqidah, morals and muamalah. Al-Qur'an has become a guide in conducting Islamic banking services. Employees must also be able to imitate the Prophet in serving customers when trading (Surat al-Ahzab verse 21). Employees must serve customers with a gentle, forgiving, and a strong determination (Surat Ali Imran verse 159). The bank must also apply the method of propaganda Rasulullah SAW in attracting interest, and fostering customers namely Al-hikmah, Al-Mau'idzah bil Hasanah and Al-Mujadalah Bil Hasanah.</p>


2021 ◽  
Vol 15 (1) ◽  
pp. 27-50
Author(s):  
Diky Faqih Maulana ◽  
Abdul Rozak

Many Islamic bank products and contracts are not in accordance with sharia principles. This research will discuss in detail the related hilah in Islamic banking practices and the differences in bank interest with margins, fees, and profit sharing on Islamic bank financing. This research is a qualitative research which is literature study. The results showed that the use and parameters of hilah in syari'ah banking were different and it could be measured to what extent the practice violated the principles of syari'ah or not. Basically, the profit-sharing system, fees and margins are designed to bridge anti-usury groups, but not a few of the syari'ah banks use law to wrap a product or contract with the syari'ah label because in practice it is far from theory and principle. shari'ah. The standard of hilah, where a contract or product must meet Qasd al-shari ', Qasd al-mukallaf, Wasa'il, Maslahah, Rukhsoh and Azimah. If a contract or product meets the five parameters above then it is categorized as masyru'ah (which is permissible), but if it does not fulfill it, even the opposite, it is classified as mazmumah (which is prohibited).


Sign in / Sign up

Export Citation Format

Share Document