This study aims to determine the causes of low realization of mudharabah financing at Muamalat Indonesia Bank, Banda Aceh Branch. This research is expected to be a framework or model for other Islamic banks that have the same problem. Data for this study are collected through in-depth interviews and documentation studies. This research uses descriptive analysis method and the results of the data obtained are analyzed qualitatively. The results of the study show that the minimum factor of realization of mudharabah financing is caused by the bank's difficulty in obtaining the income statement accurately, transparently and routinely. In addition, mudharabah products are very vulnerable to the occurrence of moral hazard from business actors (mudharib) who tend to maximize profits resulting in reduced returns to the bank as shahibul mall. Then other factors are also influenced by the ineffectiveness of the profit-sharing financing model relating to entrepreneurs and the lack of interest in the scheme of profit sharing in business activities.
This research is motivated by the existence of a marriage carried out by a virtuous wali in a society where the majority adhere to the Shafi'i school of thought. The purpose of this research is to find out what the opinion of the Shafi'i and Hanafi schools is about the just status of marriage wali today, and find out how the opinion of the Syafi'i and Hanafi schools compares the status of marriage wali. This research is library research. Data analysis method used comparative method. The object of this study is the comparison of the Syafi'i and Hanafi schools regarding fair wali as a condition for the validity of a marriage contract. In addition, KHI does not require that wali in marriage must be fair. The Syafi'i school of thought explains that the requirements for a wali are fair with six criteria, namely Islam, puberty, sound mind, independence, male and fair. When viewed from the opinion of the Shafi'i school of thought, the implementation of marriage by a virtuous wali, the marriage is void. However, Islamic law is not rigid. Even though according to Islamic law the marriage of a person whose wali is wicked is void, there is still a loophole for his child's marriage to remain valid according to Islamic law. By following the opinion of other scholars such as the Hanafi school of thought, the marriage is still valid with the following reasons; First, namely, someone's Islam is considered sufficient to become a marriage wali, so it doesn't look at whether the person is fair or not. The two wicked wali may become wali, namely looking at the element of benefit for others.
Islamic criminal law recognizes a kind of punishment called as diyat (compensation) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or damage of victim body. The legal basis for the determination of diyat can be found in Koran, chapter Al-Baqarah verse 178. Apart from that, there is Hadist of Muhammad Prophet written by Abu Dawud (peace be upon him), explaining the amount of diyat based on crime category whether murder or torture.Aceh Governance has implemented this kind of punishment as a solution on criminal offences in realizing and fulfilling justice for armed conflict victims since 2002. In providing the policy of such payment for the victims in Aceh is based on the assumption that they are under the responsibility of state, therefore the government has determined the compensation on them. The amount of the compensation provided for the victims is not equal to the amount ruled by Islamic criminal law. Therefore, it is interesting to explore regarding the concept becoming the basic for determining it by Aceh Government, and compared it to the amount ruled by the law.The research reveals that the sum of money for the compensation of what called diyat based on Islamic criminal law is the standard concept but it can be replaced by sum of money or properties that have equal price. The basic rules for this punishment in Islamic criminal law can be found in Al-Baqarah verse 178 of Koran. Moreover, regarding the sum of payment that should be provided can be found in Hadith of Prophet of Muhammad Peace be upon him which is told by Imam Abu Daud, mercy Allah for him. Practically, in Islamic criminal law the court, responsible persons and a due date for the payment must decide it. The rule consisting in the Islamic law is really different from the implementation of compensation done by Aceh Government towards the victims in Aceh. It is recommended that the Aceh Government should realize the rules of the sum of compensation that should be received by the victims or the families based on the determination of the Court as a legal basis. In addition, the Central government as the main responsible party in repairing the condition of the society after the conflict should become the priority and absolute. The law enforcement in fulfilling the rights in Aceh should be done by involving some parties especially priest. Hence the society of the victims in Aceh obtains justice and legal certainty to get their rights.
An account officer will definitely face various risks related to disbursed financing. Risk is defined as a deviation from the realization of the plan that has been set as a target that may occur unexpectedly. Therefore, all companies, including Islamic banking, must have management of the risk itself. This study aims to determine the risk and management of risk in Islamic banking. The method used is literature study. The results of the study show that these risks can be classified into 2 groups, namely, first: systematic risk, second: nonsystematic risk. In this case Islamic banks make various efforts in the risk management process by developing written procedures that reflect the overall strategy and ensure its implementation. The procedures made must contain policies to identify, measure, and control risks in all banking activities including. The target of this risk management policy is to monitor and control the course of financing distribution activities with a reasonable level of risk in a directed, integrated and sustainable manner.
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