As from the operation of Bank Muamalat Indonesia (BMI) in 1992, the economic rise of Islam in Indonesia has around 17 years old. During nearly two decades, the economic development of Islam in Indonesia somewhat unusual. Can be proved by the existence of Islamic Banking, where the growth of Islamic banks in the largest Muslim country is very advanced, especially in terms of quantity. However, there was a big problem faced by Islamic banks is that in terms of quality, especially concerning aspects of compliance with sharia (sharia compliant).

If the question "Is there a difference between Islamic banks with conventional banks" submitted to the Muslims, the dominant response that was met was "no different from the same alias. This occurs because the activity or practice in the field mostly run by Islamic banks tend to match and direct it toward an answer. This paper tries to describe the analysis of issues related to sharia compliant Islamic Banking has swept over this.

Can not be denied that the Islamic Bank itself is a profit-oriented businesses, but in accordance with the principles of Islamic economy that a business must be in accordance with Islamic guidelines and consider the life of the world and the hereafter in a balanced way. Need to be reminded of one of the main differences between the Islamic Economic system with the conventional economic system is replaced with a system of instruments for interest rate and loss results (profit and loss sharing). This has of course also characterizes the differences with other Islamic Bank.

Things that make incessant accusations that the Islamic Banking Islamic labeled it only while it is like a big proportion of conventional financing or bai bitsaman murabaha based ajil fixed margin, and deviations made in implementing Bank Syariah selling this covenant. Data so far indicate that the proportion of murabaha akad approximately 60-70% over the amount of financing provided by Bank Syariah (Islamic Banking and both BMT). This situation is not only plagued the Islamic Banking in Indonesia but also in Malaysia and the countries of the Middle East.

In fiqh, there is no rule against murabaha if done in accordance with the terms and rukunnya. However, in practice in some Islamic Banking irregularities committed. The first example, the determination of margin / mark-up entirely conducted by the Bank Syariah. Unilateral determination is not allowed because the akadnya must have transparency and fairness between the seller (Bank Syariah) and buyers (customers). Islamic Banking is the fair should be informed about the cost of goods and variables that determine the profit margin for later offered to customers. The process of openness and bargaining is what eventually led to his willingness to both parties that it is different from conventional loans.

Usually customers are going to compare with the equivalent level of margin percent interest rate on the loan. Here, the Bank of Sharia should be careful in explaining this important issue, do not directly mention the equivalent rate, but the process must be explained first. Once again the process of determining margin above can help, because the margins on offer Islamic Banking from the real costs and should not be above the interest rate determined immediately (not real) by a conventional bank. Customers will certainly understand and recognize the difference between the covenant and the covenant syar'i syar'i not.

Second, most Islamic Banking does not give the goods to the customers, but giving money to customers as a representative to purchase the required goods. This certainly deviate from the rules of fiqh, because there are two transactions in one covenant that is wakalah and murabaha. In addition, with such transactions may be customers do fraud with funds provided by the Bank Syariah. To overcome this, Islamic Banking is expected to have a special network of distributors of goods the customer needs or even have their own sort of effort that provides goods for akad murabaha.

This process had to be a bit forced because as a medium of education and socialization. Sharia Bank employees should have the competence and patience in carrying out aspects of sharia compliance. Role of Sharia Supervisory Board (SSB) is also very necessary to control the Islamic bank's performance, especially related to sharia compĂ­lance. During this DPS problem lies in the professionalism, so expect management board or the Islamic Banking can provide incentives in the form of salary or a reasonable fee to DPS to work professionally and optimized.

Regarding the dominance of murabaha financing must also be addressed by the Bank Syariah. In accordance with the principles of Islamic economy is based on the results of the system is supposed Islamic Banking products are berakad more Mudaraba or Musharaka. Bank Syariah chose murabaha more because the stakes are small and provide certain benefits (fixed return) Mudharabah Akad which heralded by the Bank Syariah rarely done in the financing transaction. Besides having a high risk and cost of agency costs due to the emergence of Asymetric Information, the Islamic Bank also argued that customers do not want to and not ready to use the system for the results.

There are several things to note about this Mudharabah akad. First, if we look mudaraba practices in the field, then the covenant will not be seen purely as a akadnya mudaraba is a modified mudaraba musharaka for capital comes from two sides, Islamic Banking and customers. Although in terms of management, Bank Syariah not interfere. This happens because the Bank Syariah just want to give financing to businesses that have been running for a certain period of time.

Second, the financing division of the return was not based on profit-sharing system and the loss (profit and loss sharing) but using the system for revenue (revenue sharing). This system was chosen because Sharia Banks dare not fully share the risk or loss (loss / risk sharing) capital in full. Finally, the benefits to be provided by the customer turned out to have been estimated (defined in advance) by Bank Syariah because customers are not able to make financial reports to calculate the loss labaatau business.

Departure from the reality of the above, then the Bank should put more emphasis on Islamic Musharaka financing because it is more in accordance with Indonesia's economic situation today. Musharaka do require that the Islamic Bank for the costs involved in the management of projects dibiayainya, but it is more realistic and would be more beneficial to the system for long-term results both from the profit and Islamic aspects. For the division of return, it was time for Islamic Banking is not only safe course, the principle of sharing should be applied fairly. This could begin with a community assistance with joint responsibility that has been done on community mores Indonesia.

Islamic Banking program may be modeled after the Grameen Bank in Bangladesh that has been successfully running this system. Fellow members of the finance group can help each other and to bear when one of its members having business difficulties. In this way, the system can result in a genuine and do not need to specify in advance the estimated profit, because there is mutual trust between the Bank Syariah with customers and between members of the group itself. What needs to be addressed is the problem of moral disease which during the public descend through increased spiritual aspect and a good example. One reason why the proportion of customer financing is dominated is to know the characters from the customer before the akad financed with revenue sharing. The reason this is logical, but if used too long it will be a boomerang for the Bank Syariah. In fact after a long operation, the portion of murabaha financing does not decline significantly.

From the results of several studies indicate that the system for optimum results applied in developed countries and not optimally applied in developing countries. But Sharia Bank should conduct a breakthrough and breakthrough innovations to argue that research results. Although sharia compliant Islamic Banking in Malaysia and the Middle East - which first experienced a resurgence of Islamic Economics - no better than Islamic Bank in Indonesia, but Islamic Banking in Indonesia as the largest Muslim country in the world to provide differentiation and repositioning as do a fair Financial Institutions and economic empowerment of the people. If not immediately fix the aspect of compliance syariahnya, it is not wrong if there are allegations that the Islamic Banking and Islamic guise only selling a mere religion. Such situation will lead to mission efforts in this economic impasse and the loss was a matter of time. Bisshawaab Allaah knows best.

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