scholarly journals PENYELESAIAN SENGKETA PERBANKAN SYARIAH MELALUI PENGADILAN AGAMA: SUATU STUDI HUKUM NORMATIF

2021 ◽  
Vol 4 (2) ◽  
pp. 75
Author(s):  
Ana Laela

Islamic banking is an economic business activity that is expected to be an alternative solution for efforts to optimize the potential of the community's economic resources, especially for Muslim communities who have long doubted the interest system in conventional banking, which can eliminate all forms of usury economic business practices, formally juridical recognition of economic principles. Sharia has been included in Law no. 3 of 2006 as an amendment to Law No. 7 of 1989, which confirms that the Court in its duties and authorities can decide Sharia Economic cases, while the issue of sharia economic disputes is relatively new and not widely known in the legal world. So the author would like to review the readiness of Religious Court judges in settlement of Sharia Economic disputes using a juridical-normative, conceptual and legal approach.

2020 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
SITI NUR SHOIMAH

ABSTRAK This research is motivated by the fact that it does not include clauses related to the risk of the Bank or the Customer in the mudharabah agreements in the customer deposit funds in Islamic Banking (Sharia Banking), if at any time the business of managing a Islamic Bank fund suffers, even though there are also Customer funds in the business, and it’s not balanced, because maybe only one party, the Customer or the Bank, bears the risk of loss. This imbalance then causes injustice, even though justice is a shariah requirement in the distribution of results from a business activity. Research that uses the normative legal research with the statute approach, and conceptual approach, results in the finding that the principle of justice in customer deposit funds in Islamic Banking based on mudharabah agreements is realized in the form of profit sharing system in the form of proportional and balanced benefits and risks.   Keyword: Principle of Justice, Mudharabah Agreements, Customer Deposit Fund, Islamic Banking   ABSTRAK Penelitian ini dilatarbelakangi oleh fakta yang menunjukkan tidak dicantumkannya klausul terkait resiko Bank ataupun Nasabah di dalam akad mudharabah pada transaksi penyimpanan dana Nasabah di Bank Syariah, apabila suatu ketika usaha dari pengelolaan dana Bank Syariah mengalami kerugian, padahal di dalam usaha tersebut juga terdapat dana Nasabah, dan ini tentu tidak seimbang, karena dimungkinkan hanya pihak Nasabah Penyimpan atau Bank Syariah yang menanggung resiko atas kerugian tersebut. Ketidakseimbang inilah yang kemudian menimbulkan adanya ketidakadilan, padahal keadilan merupakan persyaratan syari’ah dalam pembagian hasil dari suatu kegiatan usaha. Penelitian yang menggunakan metode normatif dengan pendekatan perundang-undangan dan pendekatan konseptual ini, menghasilkan temuan bahwa asas keadilan pada transaksi penyimpanan dana Nasabah di Bank Syariah berdasarkan akad mudharabah diwujudkan dalam bentuk sistem bagi hasil berupa keuntungan dan resiko secara proporsionalitas dan seimbang.        Kata Kunci:Asas Keadilan,  Akad Mudharabah, Penyimpanan Dana Nasabah, Bank Syariah  


2019 ◽  
Vol 4 (1) ◽  
pp. 46-67
Author(s):  
Diah Novianti

Islamic banking such as the other business institution will face different kind of risk that inherent on its main business activity. In business, risk defined as a posibillity an can appear every time, before, when, and after the decision making. Islamic banking faced different risk with the conventional banking, because its uniquenes. Thus, the development of risk management framework in Islamic banking is very important to do, especially in frame of  risk identification, measuring, mitigation and monitoring. This paper will discuss about risk management in Islamic Banking, in theoretically and the implementation of risk management. The scope of this study will include the identification of risk in Islamic Banking, stage of risk management in Islamic Banking, risk management model, and also the devolpment of risk management framework in Islamic Banking.


Author(s):  
Hatta Syamsuddin ◽  
Abdul Khaliq Hasan ◽  
Moh Muinudinillah

The emergence of Islamic banking was considered as a response to the desire of Muslim communities to disassociate from usury (riba-based) system. The development of time increasing the diversity of financial transactions, both in trading and banking business, which has no provisions in the old sources of Islamic jurisprudence. This dangerous phenomenon was the reason for the importance of a Sharia Supervisory Board to ensure all of the banking transactions comply with the rules and principles of sharia. This research focused on the role of National Sharia Board and his methodology in the fatwa. This research uses analytical descriptive methodology. The limitations of this research were about: how the National Sharia Board played their roles in Indonesia and how the method applied by the National Sharia Board in issuing a fatwa. The research found that: the National Sharia Board in Indonesia has played their roles, especially in developing Islamic finance industry, ensuring financial and banking transaction comply with the rules and principles of sharia, and providing awareness and guidance to the Muslim communities. The issuing of fatwa on financial transactions was the authority of the National Sharia Board. The National Sharia Board hold on procedures, specific steps, and certain agreed methodology in issuing the fatwa. Nevertheless, there still some fatwas that caused controversy in the Islamic community


2018 ◽  
Vol 12 (2) ◽  
pp. 343-361
Author(s):  
Jamal Abdul Aziz

Berdasarkan kajian terhadap sejarah kemunculan dan sistem operasional Bank Islam beserta kinerjanya, penulis menyimpulkan bahwa konsep bank Islam pada hakekatnya merupakan bentuk islamisasi terhadap institusi perbankan. Hanya saja proses islamisasi yang terjadi baru sebatas pada aspek-aspek yang bersifat marginal, artifisial, dan formal-institusional, seperti penggantian istilah-istilah teknis dalam dunia perbankan dengan istilah yang berasal dari fikih muamalah, penghapusan bunga, dan penolakan terhadap praktek-praktek bisnis yang haram. Selebihnya, bank Islam tidak berbeda dengan bank konvensional. Dampak dari islamisasi yang kurang substansial-komprehensif tersebut adalah timbulnya kesan bahwa bank Islam justru ‘terbelenggu’ oleh konsep-konsep fikih klasik yang mendasarinya, di mana ia cenderung kontra produktif dengan tren  bisnis moderen yang senantiasa menuntut efisiensi dan fleksibilitas. Agar tetap dapat survive di masa-masa mendatang, bank Islam perlu mengevaluasi diri secara terus menerus dengan selalu membuka diri terhadap berbagai kritikan yang dialamatkan kepadanya. Konsepsi yang terlalu berorientasi kepada doktrin harus diimbangi dengan kesadaran akan fakta-fakta dan tuntutan bisnis moderen, baik yang berskala lokal maupun global. Sementara itu cita-cita Islam yang ideal, seperti pemberantasan kemiskinan, pendistribusian kekayaan secara adil, dan penciptaan lapangan kerja, harus tetap menjadi orientasi utamanya. Kata Kunci:Riba, Profit and Loss Sharing, Mudlârabah, Murâbahah, Artificial Aspects of Islam  Abstract:Based on the study of the history of emergence and operation of Islamic Bank and its system performance, the author conclude that the concept of Islamic bank is essentially a form of Islamization of the banking institutions. Such Islamization are limited to the marginal, artificial, and formal-institutional aspects, such as the replacement of technical terms in the banking world with a term derived from the fiqh al-mu’âmalah, the abolition of interest, and the rejection of unlawful business practices. Moreover, the Islamic bank is no different from conventional banks. The impact of such less substantial and comprehensive islamization is the perception that Islamic bank is precisely 'shackled' by the concepts underlying classical fiqh, where it tends to be counter-productive with modern business trends which are constantly demanding efficiency and flexibility. In order to remain able to survive in the future, Islamic banks need to evaluate itself continuously by always open to criticism addressed to them. The conception of Islamic banking oriented too much to the doctrine must be balanced with an awareness of the facts and the demands of modern business, both local and global scale. While the ideals of the Islamic ideal, such as the eradication of poverty, equitable distribution of wealth and job creation, should remain the main orientation.


2012 ◽  
Vol 17 (32) ◽  
pp. 7-16
Author(s):  
José Manuel Prado-Lorenzo ◽  
◽  
Isabel María García-sánchez ◽  
Isabel Gallego Álvarez ◽  
◽  
...  

New business practices are mainly characteristic of large firms, especially those quoted on the stock market. Listed companies show a higher commitment to corporate social responsibility (CSR) practices because capital markets allow activists to become a firm’s socially oriented shareholders. These actors, although small in number, have a significant influence over other larger block-holders. Recent decades have witnessed a significant increase in societal pressure to control the behavior of companies owing to the risks deriving from the economic, social and environmental effects of their business activity. The aim of this work is to test the effect that CSR activist shareholders have on the decision to disclose corporate social responsibility information in the Spanish context, controlling for the rest of the dimensions in Ullmann’s theoretical framework.


Author(s):  
Juwairiah Mohamad ◽  
Muhammad Fakhirin Che Majid

Islamic banking products (IBP) are offered not only to the Muslim community, but also to communities of other religions who are free to choose products depending on their convenience. According to a report, the percentage of non-Muslim communities choosing IBP in Malaysia has been steadily increasing and is expected to continue to increase in future. The Dual Banking System is one of the initiatives that has been created in conventional banks as an extra facility for the communities to engage with IBP easily without going to Islamic Banks. This paper aims to study the factors that drive non-Muslim customers to accept IBP. Specifically, this paper examines the relationship between four factors: knowledge, understanding, perception and the level of awareness among non-Muslim customers regarding their acceptance on IBP in the Dual Banking System. About 140 non-Muslim IBP customers of the Dual Banking System around Changlun, Jitra and Alor Setar were selected based on convenience and were randomly picked as respondents of this study. Some data were also collected through interviews with the bank personnel and the bank’s customers besides the self-administered questionnaire survey. Employing the SPSS approach, the hypotheses of the study were tested. The findings showed that there are significance relationships between customer’s knowledge, understanding, positive perception, and the level of awareness perceived among non-Muslim customers and their acceptance of IBP.   Keywords: Islamic banking products; non-Muslim customers; acceptance.


2018 ◽  
Vol 12 (2) ◽  
pp. 321-338
Author(s):  
Muhammad Anwar Zainuddin

The need for house is one of the primary needs for every human being and basic rights for humans. The financing of musyarakah mutanaqisah in the Islamic banking system is one of the bank's involvement in the provision of housing loans. Financing musyarakah syirkatul milk is the combination of capital from two or more people to finance a project / business, profits will be divided based on the proportion of capital; whereas if there is a loss it will be borne together according to the agreement contained in the contract / contract agreement. Islamic banking has obtained formal juridical legitimacy that strengthens sharia principles as a principle that underlies the operational system of profit-sharing banking activities. This is a concrete manifestation of the objective conditions of the Islamic community's need for Islamic institutions, which is believed to be an alternative solution for efforts to optimize the economic potential of the community.


2014 ◽  
Vol 4 (1) ◽  
pp. 13
Author(s):  
Sri Abidah Suryaningsih

This theory analysis article aims to describe the meaning of mudharabah, explain about Sharia banks, and provide an overview on implementation of mudharabah in Islamic banking in Indonesia. Mudharabah takes place when there are investor (Shahibul mall), fund manager (mudharib), business activity, and profit sharing proportion (nisbah) agreement between investor and manager. Sharia banking should be performed based on some characteristics, specifically: usury (riba)-free, provides public services and realizes the socio-economic goals of Islam, universal, and applies profit and loss sharing. Moreover, mudharabah application in Islamic banking in Indonesia has the following characteristics: transactions must be intended to financing, business management is entrusted to mudhorib, and profits sharing system must be based on the principle of revenue sharing and proportion of profit sharing are subject to change during the term of the contract as agreed in the initial contract.


2019 ◽  
Vol 11 (23) ◽  
pp. 6606 ◽  
Author(s):  
Amin Jan ◽  
Maran Marimuthu ◽  
Rohail Hassan ◽  
Mehreen

This paper examines the moderating role of Islamic corporate governance on the link between sustainable business practices and the firm’s financial performance. A post-crisis period sustainability data for the decade of 2008–2017 was collected by the study. For data collection, this study used the weighted content method. The Generalized Method of Moments (GMM) statistical test was used for empirical testing. The results of the study found that the link between sustainable business practices with the firm’s financial performance measured from the shareholders’ and the management’s perspective is positive, while the subjected link measured from the market perspective was found to be insignificant. This implies that the market stakeholders of the Islamic banks are reluctant for their bank’s spending on sustainable business practices. Interestingly, the insignificant link between sustainable business practices and market performance became significant with the moderating role of Shariah governance and managerial ownership. It shows that the moderating role of Shariah governance and managerial ownership is giving confidence to market stakeholders of Islamic banks for receiving a higher financial return through sustainable business practices initiatives. These results may provide insights for several policymakers of the Islamic banking industry about integrating vital sustainability practices in their business models and about the balanced moderating role of Islamic corporate governance in the link between sustainable business practice and the firm’s financial performance. It provides a roadmap to the Islamic banking industry for efficient management of sustainability practices from an Islamic perspective and subsequently improvement of financial performance through it.


2018 ◽  
Vol 2 (02) ◽  
Author(s):  
Sumadi Sumadi

Abstract : This study aims to determine the extent of the role of education and teaching of Islamic economics to the younger generation towards the younger generation in the era of increasingly massive Islamic economic development. The role of education and teaching of Islamic economics as well as business practices based on sharia principles today is no longer a necessity, but has become a reality and is increasingly widespread. Economic institutions and Islamic business products are emerging and growing in various parts of the world, even among non-Muslim communities. Likewise training and education that prepares personnel for it. In the academic arena, scientific studies on the concept of Islamic economics also continue to roll and deepen. This is a result of the weakness of the existing economic system that is not able to prosper the community, on the other hand the occurrence of a dichotomy in the education system that seems to belong only to the economics faculty in terms of economics is the fulfillment of human needs in its life, so that Islamic economic education should be introduced to all young people, especially the Muslim generation. Based on the explanation above, it is obvious that the development of Islamic economic practices in various aspects is so rapid that it is very necessary to prepare a young generation of Islamic economics that can maintain and continue the existence of Islamic economics. Government support is getting better and accommodating towards the development of Islamic economic practices. Keywords: education, the development of Islamic economics, the younger generation


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