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Tampilkan postingan dengan label Harum Mustika Wati. Tampilkan semua postingan
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Sabtu, 04 Januari 2014

Islamic banking

Islamic banking

Islamic banking  is banking or banking activity that is consistent with the principles of Syariah Law and its practical application through the development of Islamic Ekonomics Sharia prohibits the fixed or floating payment or acceptance of specific interest or fees (known as riba or usury) for loans of money. Investing in businesses that provide goods or services considered contrary to Islamic principles is also Haraam ("sinful and prohibited"). Although these Principles have been applied in varying degrees by historical Islamic economies due to lack of Islamic practice, only in the late 20th century were a number of Islamic banks formed to apply these principles to private or semi-private commercial institutions within the Muslim community.
Referensi
·         Djuwaini, Dimiyauddin. 2008. Pengantar Fiqih Muamalah. Yogyakarta: Pustaka Pelajar
·         DewiGemala, Wirdyaningsih, danBarlintiYeni Salma, HukumPerikatan Islam Di Indonesia. Jakarta: KencanaPrenada Media Group. 2006.


Islamic banking products

Islamic banking products

Some of the product and services provided by the Sharia-based banks, among others:

deposit

  • al-Wadiah (custody services), is the custody of funds where the depositor can withdraw funds at any time. With the system wadiah Bank is not obligated, but are allowed to give bonuses to customers. Bank Muamalat Indonesia-Shahibul Maal.
  • Mudaraba deposits, customers save money in the bank within the time frame specified. Advantages of investing the bank's customer funds will be shared between the bank and the customer with a certain profit sharing ratio.

For results

  • Al- Musharakah (Joint Venture), this concept was applied to the model of partnership or joint venture. Benefits achieved will be shared in an agreed ratio while losses will be shared based on the ratio of equity owned by each party. The fundamental difference is that in the mudaraba concept is no interference management mudharabah management while there is no interference
·         Al-Mudharabah is an agreement between a provider of capital to entrepreneurs. Any benefits achieved will be divided according to certain agreed ratios. The risk of loss is borne fully by the Bank unless the losses caused by mismanagement, negligence and irregularities such as misuse of the customer, fraud and abuse.
  • Al-Muzara’ah the banks provide financing to clients who are engaged in agricultural / plantation on the basis of the results of the harvest[1].
  • Al-mushaqah is a more simple form of muzara'ah, where the customer is only responsible for penyiramaan and maintenance, and in return customers are entitled to a certain ratio of the crop.


[1] Djuwaini, Dimiyauddin. 2008. Pengantar Fiqih Muamalah. Yogyakarta: Pustaka Pelajar.

PROHIBITED TRANSACTIONS IN CAPITAL MARKET

PROHIBITED TRANSACTIONS IN CAPITAL MARKET

Transactions muamalah built on the principle beneficiaries. Personality 'will not prohibit the transaction unless there is a form of tyranny elements in it, such as usury, hoarding (ihtikar), tadlis (fraud), maisyir, gharar, as described in the hadith of the Prophet:
عن جابر رضي الله عنه قال: لعن رسول الله صلى الله عليه وسلم اكل الربا وموكله, وكاتبه, وشاهديه, وقال: هم سواء ( رواه مسلم و بخاري )

From Jabir ra, he said: Allah cursed the eater of usury, his deputy, the author and two witnesses. (Narrated by Bukhari and Muslim).

Types of transactions that are prohibited in the capital markets, among others, there are some kinds of fraud, market manipulation, and insider trading. Law No.18 of 1995 on the capital markets is expressly prohibited transactions or securities trading activities that contain elements of fraud, market manipulation, and insider trading. The ban is designed to protect the interests of investors or public investors, as well as to ensure that the process of securities trading can take place in an honest and healthy so that public confidence in the Indonesian capital market industry can be maintained and last a long time.
Referensi
§  Djuwaini, Dimiyauddin. 2008. Pengantar Fiqih Muamalah. Yogyakarta: Pustaka Pelajar.
§  Serfianto, Hariyani Iswi. 2010. Buku Pintar Hukum Bisnis Pasar Modal. Jakarta selatan: Transmedia Pustaka.

Multi level marketing (MLM)

Multi level marketing (MLM)

Multi level marketing ( MLM ) in English is multi means a lot, means tiered or terracd levels, and marketing mens markrting.
Multi-level marketing is a marketing tiered lot. Called multi-level, because it is an organization of distributors who carry a lot of sales are tiered or terraced.
Law of MLM is permissible (allowed), so long as it does not contain the following elements, Riba, Gharar or uncertainty, or adverse dharar / oppressing others, danJahalah or MLM is not transparan.Karena trade, therefore also must meet the legitimate requirement engagement. This mechanism is operating on an MLM distributor can invite others to participate as well as distributors. Then the other person can also invite anyone else to join. And so on, all are invited and join a group of independent distributors who invites someone else to level indefinitely.


Referensi
·         DewiGemala, Wirdyaningsih, danBarlintiYeni Salma, HukumPerikatan Islam Di Indonesia. Jakarta: KencanaPrenada Media Group. 2006.
·         Burhanuddin, HukumKontrakSyariah. Yogyakarta: BPFE-Yogyakarta.2009.

Senin, 28 Oktober 2013

PROHIBITED TRANSACTIONS IN CAPITAL MARKET


PROHIBITED TRANSACTIONS IN CAPITAL MARKET

Transactions muamalah built on the principle beneficiaries. Personality 'will not prohibit the transaction unless there is a form of tyranny elements in it, such as usury, hoarding (ihtikar), tadlis (fraud), maisyir, gharar, as described in the hadith of the Prophet:
عن جابر رضي الله عنه قال: لعن رسول الله صلى الله عليه وسلم اكل الربا وموكله, وكاتبه, وشاهديه, وقال: هم سواء ( رواه مسلم و بخاري )

From Jabir ra, he said: Allah cursed the eater of usury, his deputy, the author and two witnesses. (Narrated by Bukhari and Muslim).

Types of transactions that are prohibited in the capital markets, among others, there are some kinds of fraud, market manipulation, and insider trading. Law No.18 of 1995 on the capital markets is expressly prohibited transactions or securities trading activities that contain elements of fraud, market manipulation, and insider trading. The ban is designed to protect the interests of investors or public investors, as well as to ensure that the process of securities trading can take place in an honest and healthy so that public confidence in the Indonesian capital market industry can be maintained and last a long time.
Referensi
    Djuwaini, Dimiyauddin. 2008. Pengantar Fiqih Muamalah. Yogyakarta: Pustaka Pelajar.
 Serfianto, Hariyani Iswi. 2010. Buku Pintar Hukum Bisnis Pasar Modal. Jakarta selatan: Transmedia Pustaka.

Selasa, 22 Oktober 2013

INSTITUTIONS SUPPORTING THE CAPITAL MARKET


INSTITUTIONS SUPPORTING THE CAPITAL MARKET

The capital market is a market that is trading in securities (buying and selling) in the form of financial instruments, both in the capital (equity) and debt. The stock market started in the days of the colonial Netherlands, seen from the establishment of the stock exchange in Batavia which was organized by the Vereniging Voor de Effectenhandel on December 14, 1912. The purpose of the capital markets is the Present mechanism of mobilization of resources that lead to an efficient allocation of resources in the economy. Who has the legal basis of law No. 8 year 1995 Regarding capital market, law No. 40 Year 2007 on limited liability, Government Regulation No. 45 of 1995 about the conduct of Activities in the field of capital market, Government Regulation No. 37 year 1995 concerning the procedures of Examination in the field of capital market. As for capital market participants, Minister of finance, capital market Supervisory Agency, the stock exchange, the clearing house and the guarantor, depository institutions and settlement, Custody, investors, securities companies, guarantors of Emis, Securities, brokerage Traders Securities, a fund management company, the Investment Manager, the administrative Bureau of the Effect, the trustee, Investment Advisers, Issuers, mutual funds, accountants, legal consultants, appraisers, the insurer (Gurator), Notary. In the capital markets there are capital market supporting Institutions i.e. the administrative Bureau of the effect, the trustee, custodian, investment advisers, securities ratings, insurer. While professionals in capital markets i.e. accountants, appraisers, consultants, notary.


. 2006.   Arthesa, Ade. 2006. Bank Dan Lembaga Keuangan Bukan Bank. Jakarta : PT Indeks
Fuady, Munir. 1996.  Pasar Modal Modern Tinjauan Hukum. Bandung :Citra Aditya Bakti
Susanto,  Burhanuddin. 2009. Pasar Modal Syariah Tinjauan Hukum. Yogyakarta : UII Press

Sabtu, 19 Oktober 2013

Sharia Charge Card

SHARIA CHARGE CARD

Charge Card is a type of credit card that can be used as means of payment transaction / card service.licencee have to pay the entire bill in full at the end of the month or next month with or without the cost burden of unpaid addition. if oenuh the card holders will be subject to fines. and this card is a plastic card called biayasa, this card has a lot of functions for using the card does not have to pay large amounts of money in da kehilanagn risks can be minimized. because its function is vital that financial companies issuing these cards to replace conventional maney bank.at make use of the card transactions will be charged interest at the time the customer makes the lowest opembayaran.pembayaran kewajiabn cardholder who is to be paid before the due date with the rest of the bill is paid installments and subject to the savings of the credit balance.
Sharia Benefits Charge Card
1. For Islamic Bank charge card products useful to gain customer loyalty and profits dai fees charged to card holders
2. Islamic product for customer convenience charge card giving out the security and convenience in conducting transactions and cash withdrawals.
Risk
1. Financing risks in terms of the credit card holder is unable to settle its obligations
2. Operational risks associated with the possibility of billing errors
3. risks related laws are not criminal counterfeiting or piracy card

LETTER OF CREDIT (L / C)

LETTER OF CREDIT (L / C)

Wakalah, contract also applied in import transactions made by customers, which is known as transaction import letter of credit (L / C imports). L / C is the import statement shall pay to the exporter (beneficiary), published by the Islamic bank (issuing bank) at the request of or for the benefit of importers to the fulfillment of certain requirements in accordance with Islamic principles. In general, facilities or services of L / C is given by the bank to customers in order to facilitate and expedite the buying and selling of goods, especially related to exports and imports. If the bank issuing the L / C to the customer, it means bank guarantee would pay a certain amount to the other party at the request of the customer.
Accordance with DSN Number 34/DSN-MUI/IX/2002 on Letter of Credit (L / C) that Sharia Import L / C imports allowed under sharia implementation using contract-contract wakalah bil ujrah, qardh, murabaha, salam / istishna ', mudaraba, Musharaka and hawalah. In the L / C import sharia-based wakalah bil ujrah, Islamic banks act as representatives and importers as well as the guarantor of the payment as well as muwakkil customers. As a representative of the customer, Islamic banks have to implement all the things that have been delegated to him and as muwakkil customer must specify the matters delegated to the bank, so that everything becomes clear and no gharar. However, before the delegate to obtain travel documents and payment of import transactions, customer (muwakkil) must have funds in the bank for payment of the price of imported goods. If the customer does not have the funds in Islamic banks concerned for payment of the price of imported goods, Islamic banks should provide bailout funds for interest payments and for it to be treated as funds qardh, murabaha financing by the importer, or working capital financing (Musharaka) to importers .
From transaction import L / C sharia, banks get rewarded (ujrah) or in the form of profit margin (in terms of using the sale and purchase agreement) or for the results. As for customers, obtain payment settlement services and / or guarantees and acceptances that support activities in international trade. Basically the risk of transaction L / C for import sharia bank is financing risk (credit risk) in terms of customer (importer) does not pay the bills completion of L / C. other than that, there is a liquidity risk in banks having difficulty obtaining the required type of currency at the time and reputational risk in the bank is unable to meet the terms of the commitment required. As for the other risks associated with the reliability of information technology management (operational risk) and risk that accompany contract granting the L / C, for example, murabaha contract in the purchase of imported goods.

Senin, 07 Oktober 2013

Principles of Islamic Banking


What is an Islamic Bank?
There is no standard way of defining what an Islamic bank is, but broadly speaking an "Islamic bank is an institution that mobilises financial resources and invests them in an attempt to achieve predetermined islamically -acceptable social and financial objectives. Both mobilisation and investment of funds should be conducted in accordance with the principles of Islamic Shari'a".  
  1- Prohibition of Interest or Usury
The principles of Islamic finance are established in the Qur'an, which Muslims believe are the exact Words of God as revealed to the Prophet Mohammed. These Islamic principles of finance can be narrowed down to four individual concepts.
The first and most important concept is that both the charging and the receiving of interest is strictly forbidden. This is commonly known as Riba1 or Usury. Money, on its own, may not generate profits. When Riba infects an entire economy, it jeopardises the well-being of everyone living in that society. When investors are more concerned with rates of interest and guaranteed returns than they are with the uses to which money is put, the results can only be negative.
2- Ethical Standards
The second guiding principle concerns the ethical standards. When Muslims invest their money in something, it is their religious duty to ensure that what they invest in is good and wholesome. It is for this reason that Islamic investing includes serious consideration of the business to be invested in, its policies, the products it produces, the services it provides, and the impact that these have on society and the environment. In other words, Muslims must take a close look at the business they are about to become involved in. In all facets of the financial system, Islam has certain rules, certain regulations as to how Muslims should go about participating in these activities.
3- Moral and Social Values
The third guiding principle concerns moral and social values. The Qur'an calls on all its adherents to care for and support the poor and destitute. Islamic financial institutions are expected to provide special services to those in need. This is not confined to mere charitable donations but has also been institutionalised in the industry in the form of profit-free loans or Al Quard Al Hasan. An Islamic bank's business includes certain social projects, as well as charitable donations. Islamic banks provide profit-free loans. For example, if an individual needs to go to hospital or wants to go to university, we give what is called Quard Al Hasan. This QuardHasan is normally given for a short period of one year and the Islamic bank does not charge anything for that.
4- Liability and Business Risk
The final principle concerns the overarching concept of fairness, the idea that all parties concerned should both share in the risk and profit of any endeavor. To be entitled to a return, a provider of finance must either accept business risk or provide some service such as supplying an asset, otherwise the financier is, from a Sharia'a point of view, not only an economic parasite but also a sinner.