The nature of sharia financial system and Non-Muslim motives have units of sharia financial institutions
The nature of sharia financial
system and Non-Muslim motives have units of sharia financial institutions
1. The nature of sharia financial
system
In my opinion, the syari'ah
financial system is a financial system based on the principles and objectives
of Islamic Shari'ah. The principles of Islamic shari'a as mentioned by Islamic
legal scholars include among others: divine principle / tauhid, freedom,
equality / equality, justice, willingness, honesty and truth, and written. [1] The objectives of Islamic Sharia
(maqashid syari'ah) are: Hifz al din (maintaining religion), hifz al nafs
(nourishment), hifz al 'aql (nourishment), hifz al nasb (keeping the offspring
), and hifz al maal (keepin
2. Non-Muslim motives have units
of sharia financial institutions
According to my logic, there are
several possibilities that become non-Muslim motives have units of sharia
financial institutions, among others:
a. Expanding the market share of
conventional financial institutions that have been previously owned. Examples such
as FIF Syariah
b. As an option in the investment
portfolio. Because based on factual data, when the financial crisis of 1998 -
1999 Bank Muamalat including the most powerful banks against the shock of the
financial crisis.
c. Maybe because LKS is more profitable
than conventional financial institution? Evidenced by the increasing number of
countries in Europe and also Australia opened LKS-LKS.
d. Perhaps because the LKS more
reflects the value of justice than the conventional financial institutions?
e. Or maybe just gambling it
3. In my opinion:
In the first point (regarding collective mudlarabah), it shows that Sami Hasan Homoud follows his opinion Imam syafi'I about the validity of shirkah al 'inan and shirkah al abdan. Shafi'iyah scholars recognize the validity of syirkah al 'inan as jumhur al ulama acknowledge its validity, but it does not allow syirkah al abdan because according to them there is no syirkah term in charity. The reason is, if the syirkah al 'inan that dikad-kan (ma'qud' alaih) is a treasure, whereas in syirkah al abdan the dikad is a charity (work). [2] In ma'qud 'alaih a treasure there is a benchmark (nominal value) is clear and sure, but the ma'qud' alaih form of 'charity can not be measured with certainty so it is feared there is injustice (1 syarik issued' more charity from others). In a collective mudo-shunt, which is a collective treasure of the customer to be used as venture capital by a bank acting as business manager (investment manager).
On the second point, According to the Hanafi School and part of the Shafi'i School, profits must be recognized if business profits have been obtained (although not yet shared). While the Maliki School and some Hanbali Schools, profits can only be recognized when distributed in cash to both parties.[3] Related to the time value of money, if following Hanafi and Shafi'i madzhab then the present value of money is calculated since the business profits are obtained (although not yet distributed). If after some time the profit is only distributed, then the formula used is the future value of money calculated on the basis of the time when the business profits have been recognized.
On the third point, homoud views that mudlarabah can not be used as a basis for consumer goods transactions and supply goods to the government / industry because of one concern that the possibility of 1 person who acted as a seller and buyer as well. Wallahu a'lam bi al shawab
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