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| Islamic Bank Syari'ah |
In the name of Allah, the most gracious, most merciful
Islamic Shari'ah-all praise belongs to God only is universal, covering all matters, whether in relation to issues of worship and muamalah, so that Islamic law is really like spoken Allaah.
"On this day, have I perfected your religion for you, and I have both ends meet upon my pleasure, and I'm pleased Islam be your religion." [Al-Ma `Idah / 5:3]
Praise be to Allaah, the fact of this divine being realized again by Muslims, so that now, we began to hear various calls to implement sharia is divine in all aspects of life.Included is a form of consciousness, namely the establishment of various financial institutions (banks) who claim to be based on the principle of sharia. This phenomenon deserves attention, participation and support from us, for the rate of development and the steps outlined as straight as Islamic law. And on this occasion, I want little to participate, which is by mentioning a few things, which in my opinion to be scrutinized.
Hopefully I'm doing this, get feedback and positive response from our brothers and sisters interested in this problem.
FIRST REVIEW: THE ROLE OF MULTIPLE BANKING Shari'a Shari'a banking is already claiming that mudaraba is the first principle for the exercise of various transactions, both between customers and owners of capital transactions with banks, as well as transactions between the banks with business customers. However, in its application, I get a gaffe, that is the role of dual status banking conflicting.
To explain this problem, take note the following scheme. [Sorry Role of Islamic Banking Scheme can not be displayed
The Bank acted as businessmen, that is when dealing with customers as the owners of capital. But this status change in an instant, that banks act as investors when the banks deal with businesses that require funds to develop their business.
Status dual banking played this proves that the contract is actually executed by the bank during this contract debts, and not mudharabah. That is, because, if he acted as entrepreneurs, then the status of funds available to it is the trust that must be maintained as appropriate to maintain trust others. And that is the mandate of the financier, is to manage the funds in a real business that will bring results (profits), so that banks do not properly channel the capital that he received from customers (investors) to another employer with mudharabah. So, when he acted as investor, then this belied the actual reality, which is largely managed funds belong to customers.
Imam an-Nawawi rahimahullah said, "The second law: do not be justified for business actors (mudharib) to channel the capital that she received to a third party to the agreement mudaraba. When he did so with the permission of investors, so he came out of mudharabah (first ) and change its status to a representative for the investor in this second mudharabah, then it is justified. But he was not allowed to require for himself the least of the benefits. If he still requires it, then the second mudharabah false "[1].
Similar remark also expressed by Imam Ibn al-Hanbali rahimahullah Qudama, he said, "is not justified for business actors to channel capital (which he received) to others in the form of mudaraba, according to Imam Ahmad's assertion.... However, this is the opinion of Imam Abu Hanifah, ash-Shafi'i and I did not know there are scholars' other disagree. "[2]
In mudharabah, if the banks play such a dual role, with the permission of investors while he did not participate in the operations conducted by both businesses, the banks are not entitled to a share of the profits, because of its status only as an intermediary (broker). The scholars' explains that the reason these laws is: because the results / benefits in mudharabah only the rights of owners of capital and entrepreneurs, while those who do not have the capital, and did not participate in the implementation of the business, so he is not entitled to a part of the results. [3]
SECOND REVIEW: THE BANK DOES NOT HAVE A REAL BUSINESS Financial bodies calling themselves as Islamic banking as if not wholeheartedly in applying Islamic economic system. These bodies are trying to avoid the laws that Allah Ta'ala has specified in the business world. Sunnatullah is a pair of lovebirds who can not be separated, ie gains and losses. Islamic banking operators Shari'a always stop at a safe stage and not at risk.
Therefore, Islamic banking is-usually-not or do not have a real business that can generate profits. All types of banking products that they offer only limited to financing and funding. Thus, at each business unit is managed, the role of the dealer banks only as the customer's money. [4]
As an obvious example of an existing banking products is mudaraba. Operator does not assume the role of the banking business, but as the funding channel customers.This they do, for fear of a variety of business risks, and just wanted to make a profit. If such is the case, then the profit gained or required by banks to customers implementing business is illegitimate, as confirmed by the scholars, among them, as affirmed by Imam an-Nawawi above.
THIRD REVIEW: NOT READY TO SUFFER BANK LOSSES. If we close the eyes of both of the above, then there is still a major problem facing Islamic banking step in our country. That is, lack of banking operator to bear risks that they intertwine mudaraba with business actors. When businesses lose money, even unintentionally, we inevitably get banks immediately scamper by requesting return of capital which he has in ensuring the whole. This is an indication that the agreement between banking and business customers is not a mudaraba, but the flowering of debt aka usury.
The scholars' of the various sects have asserted that the owners of capital is not justified to require that businesses provide guarantees all or part of its capital. So what is applied to the sharia banking, which requires that top businessmen to return all capital to the whole in the event of loss of business is the requirement that vanity [5]. And in the science of jurisprudence, if the contract contained a requirement that falsehood, then the solution exists is one of two things:
1. Contract and its terms are invalid, so that each party concerned shall restore all of the rights akadnya opponent.2. Contract may be continued, but with leave requirements.
For instance the Islamic Bank to disburse capital of Yogyakarta to Mr. Ahmad-example-of Rp. 100,000,000, - with profit sharing agreement of 60% versus 40%.Once the business is running and has matured, Mr. Ahmad had stolen, or a warehouse on fire or something similar, so the capital he received from the bank only the remaining Rp. 20.000.000, -. In these circumstances, the Islamic Bank of Yogyakarta will still ask for Mr Ahmad to restore their capital intact, namely Rp.100,000,000, -.
Perhaps sharia banking operators would argue, that in the business world, money back as they are without any gain is a loss. Thus banks have participated bear the loss. So we say: The same reason expressed by the executive to the business: the business world, someone to work without getting any result is a loss. If he worked at a company, surely he will get a salary that has been agreed, although the company was losing money. Even in mudharabah with sharia banking, businesses losing money twice, namely: First, he has worked there busting his gut, wring sweat, and in the end did not get the slightest. Second, he still must close the shortage that occurred in the capital he has ever received from the bank.
Another example of sharia banking products is bai 'al-Murabaha. The shape is more or less so, if there is someone who wants to have a motorcycle, he can apply to an Islamic banking for the Bank was bought. Furthermore, the banks will assess the feasibility of this prospective clients. If the request is received, then the bank will soon hold the goods in question and immediately handed it over to the buyer, under the conditions previously agreed upon. [6]
Overview of this contract is not problem, but if we look more closely, it would seem clear that the bank tried to cover all risks. Therefore, before the bank holding the goods in question, the bank has an agreement of sale with all its provisions with the customer. Thus, the bank has sold the goods that he has not had, and it is forbidden.
عن ابن عباس قال قال رسول الله : (من ابتاع طعاما فلا يبعه حتى يقبضه) قال ابن عباس: وأحسب كل شيء بمنزلة الطعام.
"From a friend of Ibn 'Abbas radi' Allahuanhu he said: The Prophet sallallaahu 'alaihi wa sallam said:" He who buy groceries, then he must not resell it until he finished accept "Ibn' Abbas said: And I think that everything is legal such as foodstuffs "[Agreed alaih].
Understanding Ibn 'Abbas is supported by the history of Zaid ibn Thabit radi' anhu, narrated in the hadith as follows:
عن ابن عمر قال ابتعت زيتا في السوق فلما استوجبته لنفسي لقيني رجل فأعطاني به ربحا حسنا فأردت أن أضرب على يده فأخذ رجل من خلفي بذراعي فالتفت فإذا زيد بن ثابت فقال لا تبعه حيث ابتعته حتى تحوزه إلى رحلك فإن رسول الله صلى الله عليه وسلم نهى أن تباع السلع حيث تبتاع حتى يحوزها التجار إلى رحالهم رواه أبو داود والحاكم
"From a friend of Ibn 'Umar, he recounts:" At one time I bought oil on the market, and when I have finished buying, there was a man who met me and offered oil, and then he gave me a considerable advantage, then I will want to shake his hand (in order to accept an offer from that person). Suddenly, there is someone behind me holding my arm. So I turned around, and it turns out he was Zaid bin Thabit, and then he said: 'Thou shalt not sell the oil at the place where you bought it, until you move into your place, because the Prophet sallallaahu' alaihi wa sallam prohibited from reselling the goods at the place the goods purchased, until the goods are moved by the traders to place their own '. "[Reported by Abu Dawud and al-Hakim] [7]
The scholars mention the wisdom of this prohibition, among them was because the goods have not received to buyers could have canceled, for any reason, such goods are destroyed burned, or destroyed by water and others, so that when he had to sell it back he can not submit it to the second buyer.
Wisdom second, as stated by Ibn 'Abbas radi' anhu when his disciple, namely Thawus questioned because of this prohibition:
قلت لابن عباس كيف ذاك قال ذاك دراهم بدراهم والطعام مرجأ
"I asked Ibn 'Abbas:" How why not? "He replied:" That is, because it actually happened was selling dirhams with dirhams, while its food ingredients postponed ". [8]
Ibn Hajar explains the words of Ibn 'Abbas in the above as follows: "When somebody buys groceries for 100 dinars, for example-and he has paid the money to the seller, while he had not received food that he bought, then he sold it back to others worth 120 pence, and he immediately accepted the payment of money, but food still remain in the seller first, then as if this person has sold / exchanged money 100 dinars to 120 dinars price. And based on this interpretation, then this prohibition applies not only on food alone. "[9]
FOURTH REVIEW: ALL CUSTOMERS TO GET RESULTS.Islamic banking mix up all the funds that go to him. So that can not be known customers whose funds have been channeled from customers whose funds are still frozen in the bank. However, at the end of each month, all customers get the part of the results / benefits.
This is a major problem in the method mudaraba really Islamic. For consideration in sharing the benefit to customers is the profit earned from each customer funds. So customers whose funds have not disbursed, are not entitled to receive part of the results. Because the benefits are the result of capital management in addition to their customers. Distribution of results to customers whose funds have not channeled clearly detrimental to customers whose funds have been disbursed.
This is the fact that there is Islamic banking in our country. Therefore, it is not surprising that Islamic banking was haunted by the over-liquidity. That is a situation where public funds flooded bank / customer, and is unable to channel all funds collected from customers. This situation forced the Shari'a banking to save these funds are not channeled in the Bank Indonesia (BI) in the form of Certificates of Wadi `ah. For example, in the period January 2004 report, sharia banking managed to collect funds from customers amounted to 6.62 trillion rupiah, however, managed funds they scroll only 5.86 trillion rupiah. [10]
FIFTH REVIEW: METHOD FOR RESULTS convoluted When we come to one of the Islamic banking office closest to our house, we will get a brochure that describes the method of sharing. In order to understand the methods of distribution of these results is not an easy thing, even more so for the low education level.
Here is a method for the one adopted by the Islamic banking in Indonesia:
For the clients = funds / customer balances x E x Ratio / ratio of customer................................ 1000 ................................... 100
E = average income investments of every 1000 dollars of customer funds.
It can be seen clearly, that one of the multiplier in the calculation results in the above scheme is the total capital (fund) clients. As for the mudharabah, then calculated the profits or results, therefore, this contract called for the results.
Bantaani Muhammad al-Nawawi said, "The Pillars of the fifth mudaraba is gain. Rukun has several requirements, among them, the benefits belong only to investors and businessmen. They should both have one, and should be part of each of them specified in percentage . '[11]
This is what makes the method of calculation results in a truly mudaraba syar'i very simple, and easy to understand. The following sharing scheme in mudharabah:
For the customer = net profit x ratio of customer x customers' capital ratio of total money managed by banks.
The difference between the two methods above can be clearly understood through the following example.
Mr. Ahmad invested capital amounting to Rp. 100,000,000, - with the agreement of 50% for investors and 50% for businesses (banks), and the total money managed by banks amounting to 10,000,000,000, - (10 billion). Thus, Mr. Ahmad's capital is 1% of the total funds managed by banks.
At the end of the month, the bank posted a net profit of 1,000,000,000 (1 billion).Operator-bank after going through the cumbersome calculations as well-determined that the investment income of each USD. 1000, - is USD 11.61.
When we use the method of sharia banking, the results are as follows:
100,000,000 x 11.61 x 50 = Rp. 580 500, -...... 1000 ................ 100
With this method, Mr. Ahmad only get profit sharing amounted to Rp 580,500, - only.
Meanwhile, when we use the actual method of mudaraba, then the result is as follows:
1 billion x 1 x 50 = 5,000,000, -..................... 100 100
With the method of calculating the actual results mudaraba, Mr. Ahmad entitled to a profit sharing amounted to USD: 5.000.000, -. The method applied by the bank division convoluted and harm customers.
Even more complicated is the method the bank in determining the average income of each 1000 dollars of investment. Here's one example of the methods applied by one of sharia banking in Indonesia:
E = (total customer funds - Statutory) x 1000 x Total revenue...................... Total Investment .......................... Total customer funds
Method of calculation for the results of this convoluted, proving that existing banking Shari'a does not apply the method mudaraba the truth. From the little exposure to the above, we can conclude that the existing Shari'a banking is just a big name with no substance. Even that happened really just an effort toying terms Shari'ah.
BANKING SOLUTIONS To get some criticism on top, then here are some suggestions that may be applied by the banks really want to implement the Islamic banking system.
1. Customer Sorting By Purpose of Each.Globally, we can group customers who keep their funds in the bank into two major groups. The first group, customers are solely intended to secure the property. The second group, aimed at customers looking for profits by investing their funds through existing banking channels.
Each customer group has rights and obligations different, as has been outlined above. Based on this segregation also, the banking system operator can determine the rights and obligations of each group. Funds collected by the bank of the customer first type can be used to finance a variety of profitable business, and fully the benefits belong to the bank. From the results of investment with this first type of customer funds, the bank can finance its operations. In fact it is possible, that the bank will earn a profit when compared to the surplus funds oprasionalnya.
Among the advantages of this separation, the banks will be spared the over-liquidation, because the bank will never receive investment funds, but after opening the business opportunities that actually lawful and justified. As the banks are not obligated to provide benefits to customers, except when the funds have actually been disbursed, and generate profits. In this way also, the principle of mudaraba really going to be applied, so the calculation will result can be achieved with a simple and transparent method, namely by multiplying the number of successful profit ratio recorded by each customer.
2. Jump to the Banking Falls Real Sector.As is well known together, that to run the operation, a bank would require funds that are not small. Therefore, for the related bank can meet these needs, he must have real business units that can produce profits. Banks should not only suffice himself with a party funding channel only, with no immediate jump in real business. Thus, the profits earned by banks really halal profits and not the result credit funds to third parties. As long as banks are not directly involved in the real business world and the only recruit him as a funding channel customers, so usury can never be avoided.
In this way, the existence of Islamic banking will really turn the economy Muslims.Because in this way, banks would open new jobs for the community. As Islamic banking will be the producer and consumer of the products circulating in the community.
As a consequence of this, of course both parties ie customers who invest funds into the banking projects and also the bank operator is ready to bear all risks for the business world. Investors bear the loss in the form of matter, and entrepreneurs bear the loss skiil.
3. Banking Applying Unilateral Mudharabah.At this present time, trust and trust is difficult to obtain, even that often occurs in our society is the opposite; betrayal and lies. Therefore, it is very difficult for us, especially for an enterprise to implement the system with a fully mudaraba. To anticipate these sad circumstances, I propose that the existing apply shariah banking mudaraba unilateral.
What I mean by unilateral mudaraba is, banks received capital from the society to run various business units which he managed, but banks do not channel their capital into the community with mudharabah scheme. In this way, customer funds are channeled into shariah banking can be accounted for clearly, and avoid the various banking crimes parties who do not have trust and fear of Allah Ta'ala.
In the end, what we describe above is solely limited knowledge we have. So if earned truth, then it is purely derived from taufik and 'aid of Allah Ta'ala. Conversely, if there are errors, then it comes from the devil and my stupidity.
Hopefully we get Taufiq from Allaah, so as to leave the usury and all tools and traps, and are permitted to obtain the halal rizki.And Allaah knows best bish shawab.
[The author is a Doctoral Candidate, Fiqh, Faculty of Sharia Islamic University of Madinah - Saudi Arabia]
Danoefa Team
Islamic Bank Bank Islam Bank Muamalat Bank Syariah Bank Sharia Islam Internet Banking Islamic Banking Solution Sharia Bank Sharia Economics
