scholarly journals INCOMPATIBLE BUSINESS BEHAVIOR TOWARD ISLAMIC ETHICS: A STUDY ON THE PRACTICES OF RIBA AND BANK INTEREST

Author(s):  
Neni Hardiati ◽  
Syahrul Anwar

Various kinds of interpretations of usury and interest in modern financial institutions (banks), both from jurists and Muslim economists, seem to occur because the 'illat usury put forward by the jurists is seen as inaccurate in the development of Islamic legal thought. Gharar which is translated as speculation is equated with gambling because of the uncertainty for the parties (seller and buyer). This research uses a literature study, which is carried out by collecting, studying and reviewing books, scientific magazines and related documents such as theses and scientific journals. Many modern societies carry out such practices, such as buying and selling agricultural products that are still on the land with a wholesale system. When viewed from the ethical side of Islamic transactions, both usury, interest and gharar violate the ethics of transactions. Ethical considerations prohibiting usury, interest and gharar, due to unfairness, exploitation and unproductiveness. While the system of economic ethics emphasizes products, fairness and honesty in trade, and fair competition. In this case, good ethics will give good business, good ethics: good business. Ethics that is in the spotlight in this study, especially ethics in the operations and transactions of Islamic financial institutions. Then the sharia financial institutions in question include sharia banking, sharia pawnshops, sharia insurance, and sharia capital markets, all of which are some forms of representation of sharia macro financial institutions that are certain. have a significant impact on the nation's economic development. So that behavior that is not in accordance with Islamic ethics, such as related to usury and bank interest, must be avoided for Muslims.  

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Agus Wahyu Irawan

Islamic financial institutions are developed as an alternative to the practice of people who want sharia transactions. Criticism of conventional financial institutions by the concept of sharia is not rejecting cooperatives. However, providing solutions to the transaction community that is avoided from the elements of usury, gambling (maysi>r), uncertainty (ghara>r), and inner. With the prohibition of usury, maysi>r, ghara>r, and heart in the transactions of financial institutions, they can instead apply contracts in accordance with Islamic business ethics. The purpose of this article is to find out the application of Islamic business ethics to the financing of mini gas stations at KSPPS Bina Syariah Ummah, East Java. The method used in writing this article is a descriptive qualitative. Analysis method is based on field studies. Analytical studies are intensive testing, using various sources of qualitative evidence. From the data obtained is then arranged according to the rules and analysis in accordance with the rules of writing so as to facilitate the discussion of existing problems. Methods of data collecting: interview, observation and documentation data. With this method, the author wants to examine how Islamic business ethics views about financing mini gas stations. The results of this study shows that  application of business ethics in business is appropriate and good, the impact on the business is also good. So Islamic business ethics has been tested and brought benefits if applied properly. Keywords: islamic ethics implementation, SPBU funding continuity


2021 ◽  
Vol 1 (6) ◽  
pp. 567-577
Author(s):  
Neni Hardiati ◽  
Yoyok Prasetyo ◽  
Nana Herdiana Abdurrahman

Rapid product development is carried out by Islamic Financial Institutions (LKS) in providing alternative services to the needs of the community which are carried out based on sharia principles. The development of these services is provided both in the form of banks and non-banks as well as in the form of storage or other types of services as well as in the form of financing. However, due to more complex customer needs, LKS requires innovation in order to get convenience in its operational activities. So, in innovating with hybrid contracts, it becomes an important thing. This research uses a literature study with a normative juridical approach, which is carried out by collecting, studying and reviewing books, scientific magazines and documents related to this research such as theses and scientific articles. The results of the study state that in the application of hybrid contracts in multi-service financing products at Islamic Financial Institutions (LKS) generally use ijarah contracts according to the DSN-MUI fatwa. In this case, if the LKS uses the ijarah contract, it must comply with the provisions of the fatwa as the service provider or the benefits obtained from the LKS. Meanwhile, if in a hybrid contract one or more contracts are added, in this case it is added with a wakalah contract, then the customer has the power to carry out his own costs. However, if there are customers who still have to pay ujrah for the ijarah contract, it is called usury. Because this is not justified in sharia principles and is not in accordance with the ijarah fatwa concerning the multiservice, the bank does not fulfill its service obligations as the fatwa regarding multiservice as well as the kafalah contract. Thus, there is an alternative in this multi-service financing, namely by using hawalah bil ujrah and wakalah contracts which are more flexible and their implementation as an innovation, namely combining these contracts with the aim of making banking operations easier, reaching wider and able to meet the needs of more customers.    


2020 ◽  
Vol 3 (1) ◽  
Author(s):  
Nova Rini

This article aims to discuss the waqf model in the country's social financial system that can be used in Indonesia, especially in financing public goods. The analytical method used is literature study. The analysis shows that Indonesia can use the waqf money model to finance public goods by investing money waqf through Islamic financial institutions and / or Islamic financial instruments. This model is in accordance with the model that is also offered in money waqf management in Malaysia. So that the government can reduce spending especially on financing pure and mixed public goods.


2021 ◽  
Vol 21 (3) ◽  
pp. 1104
Author(s):  
Muhammad Yunus

In Indonesia, there are two financial institutions, namely conventional financial institutions and Islamic financial institutions. Islamic financial institutions in their operations are based on the fatwa that has been issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) as an authoritative institution in issuing fatwas in the field of Islamic economics. Baiturridha Puska, one of the Islamic financial institutions, issued al-qardh financing products. At the level of practice, which is implemented by BPRS Baituttidha Puska that in the contract it is indicated that there is a clause that is different from the provisions of the DSN-MUI fatwa No. 19 of 2001 concerning al-Qardh. The purpose of this study was to determine the concept of the qardh contract in fiqh and the DSN-MUI fatwa and to analyze the qardh financing contract contract at the Baiturridha Pusaka BPRS. This study uses qualitative research, with a normative juridical approach and data collection techniques by means of literature study. The results of the study show that first, the qardh contract is a form of tabarru contract so it is not intended for profit; secondly, the provisions of Article 2 of the Letter of Acknowledgment of Financing contain a clause that is contrary to sharia principles, namely the DSN-MUI fatwa no. 19 of 2001 concerning al-Qardh.


Author(s):  
Fahrul Fauzi

Nowadays, Islamic banks in Indonesia continue to experience growth, one of which is in the Province of Nanggroe Aceh Darussalam. In Aceh, in order to support Islamic financial institutions, Qanun No. 11 of 2018 concerning Islamic Financial Institutions has been formed. It is interesting to review the provisions of Article 65 which reads "When this Qanun comes into force, financial institutions operating in Aceh must adjust to this Qanun no later than 3 (three) years from the enactment of this Qanun". These provisions have an impact on every conventional bank in Aceh that must adjust to Islamic principles. In order to continue to run its business activities in Aceh, conventional banks must make adjustments to implement sharia principles. One form of adjustment is to convert conventional banks into Islamic banks as stipulated in the OJK Regulation Number 64/POJK.03/2016. The approach used by the author in analyzing this problem is a normative juridical approach supported by the literature study method.


2020 ◽  
Vol 1 (1) ◽  
pp. 61-79
Author(s):  
Panji Adam Agus Putra

Deposits in Islamic banks are investment funds based on mudhârabah agreements or other contracts that are not in conflict with Islamic principles. This is stated in the DSN-MUI fatwa No: 03 / DSN-MUI / IV / 2000 Concerning Deposits, where the Islamic bank acts as the fund manager and the customer is an investor. In the level of implementation, the fund manager (mudhârib) re-invests or re-mudhârabah, then there is a multi-level mudhârabah contract which the islamic jurist has debated its legal status. The research method based on the normative juridical approach with the specification used is analytical descriptive and the data collection method used is literature study. Takyif fiqh and contract construction in sharia deposits, according to the author that the contract used in the implementation of the National Sharia Council No: 03 / DSN-MUI / IV / 2000 Concerning Deposits is mudhârib yudhârib contract; mudhârib al-wasȋth or commonly called mudhârabah birthday. In this case the Islamic bank in addition to being domiciled as mudhrib (in the first mudhârabah contract), the Islamic bank was also at the same time as shâhib al-māl (in the second mudhârabah contract). Based on the opinion of the rajj (superior) among the scholars, the law of carrying out a multilevel mudhârabah agreement or commonly referred to as mudhârib yudhârib (re-mudhârbah) is permissible based on two considerations, namely consideration of 'urf / habit (in this case the habits in the Islamic financial institutions) ) and the concept of absolute mudhârabah.Keywords: mudharabah contract, deposit, DSN-MUI fatwa


2020 ◽  
Vol 4 (2) ◽  
pp. 222-241
Author(s):  
Aulia Putri Oktaviani Jusri ◽  
Erina Maulidha

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.


Author(s):  
Bunga Thuba Sembilan ◽  
Slamet Haryono

The many problems that occur in sharia audits in Indonesia starting from the problem of human resources, regulations and audit processes make it necessary to take action in order to improve the quality of institutions and finance in Indonesia. Islamic auditing is very important to be able to evaluate the mistakes that occur in Islamic financial institutions. The problems that arise in the Islamic audit try to be solved by researchers by using the Bulak Sumur well through several strategic offers. In conducting this research, the approach used is a qualitative approach with a method of literature study. The research results obtained in overcoming the problem of Islamic auditing in Indonesia, namely by increasing the number of institutions and improving the materials in auditor training, forming a framework and regulation, forming cooperation between academics and practitioners and adopting related rules, materials, etc. from suitable foreign countries applied in Indonesia.Keywords: Bulak Sumur Framework, Sharia Audit.


2016 ◽  
Vol 4 (2) ◽  
pp. 202-218
Author(s):  
ڕێبوار محمد احمد ◽  
◽  
هێمن محمد عزیز ◽  
بصيرة ماجيد نجم ◽  
◽  
...  

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