Islamic Financial Institutions Course International Program on Islamic Economic and Finance Term II/2010 Lecturer: Sartini, S.E., M.Sc.Acc., Ak First Week Discussion Learning Contract Introduction to Islamic Financial Institution Discussion Learning Contract About the Lecturer Overview of the Subject Learning Objectives Learning Methods Assessment References About the Lecturer Name: Sartini, S.E., M.Sc.Acc., Ak Website: www.sartini.wordpress.com Phone: 0274-783 6898 Email: tinnie_8@yahoo.com Address: Griya Suryo Asri II No. A4 RW:9 Suryodiningratan MJ II Yogyakarta Consultation Hours: By appointment only Overview of the Subject This subject focuses on the discussion of Islamic Financial Institutions, one of some subgroups of Islamic Financial System. The IFIs included in this discussions are IFIs banks such as Islamic commercial bank and BPRS; as well as IFIs non-banks such as Islamic leasing, Islamic insurance, BMT, Rahn, Islamic Capital Market and Islamic Fund Manager. Although IFIs will be the main topic to be discussed in this subject, it will also discuss topics related to the other Islamic Financial System subgroups, including: Islamic Financial Instruments Islamic Financial Rules and Regulations Islamic Financial Control and Supervision Another related topic that will also be discussed is topic on Islamic Public Institutions such as Zakat institution and Wakaf Institution Learning Objectives This subject aims to provide student, an understanding of : The important of Islamic financial system, The Islamic Financial Instruments, The operation of Islamic Financial Institutions, The Islamic financial rules and regulations, The mechanisms of Islamic financial controls and supervisions Islamic Public Institutions Learning Methods Tutorial Presentation and Discussion Assessment (1) Task Value Deadline Presentation & Discussion 20% Week 2-6 and 8-12 Assignments 10% Week 2-6 and 8-12 Essay Mid Term Exam 10% 30% After first exam period (week 8) During first exam period (week 7) Final Exam 30% During second exam period (week 14) Assessment (2) Essay Students are required to submit a 2000-2500 word essay about Islamic financial institutions. The precise topic will be announced in week 4, and the paper must be submitted in week 8. The essay must be written individually. Assignment Students are required to make a presentation material related to the topic discussed every week. Presentation & Discussion Students must present their assignments. One student will present one topic. The schedule will be arranged together at the first meeting. Students, who are not presenting their assignments, must participate as discussants. Grading System How about the university policy? What’s about this? A : 85-100 B : 65-84 C : 45-64 D : 25-44 E < 24 Assessment policy Essays and assignments will not be accepted after the due date unless arrangements for an extension of time have been made prior to the due date. If you do not agree with the result that you achieve for any piece of assessment for this subject please contact the lecturer immediately. You have a right to know the reasons why your work has received a certain grade and to request it be reassessed if you believe it has been unfairly assessed. Subject Organization: Before Mid term Exam Week Topic 1 Learning Contract and Introduction 2-3 Islamic Financial Instruments 3 Islamic Banks: Commercial Banks and BPRS 4 IFIs Non-Banks: BMT 5 IFIs Non-Banks: Islamic Leasing, Islamic Insurance, Rahn 6 IFIs Non-Banks: Islamic Capital Market and Fund Manager Subject Organization: After Mid term Exam Week Topic 8 Islamic Financial Rules and Regulations 9 Islamic Financial Controls an Supervisions 10 Islamic Public Institutions: Zakat Institution 11 Islamic Public Institutions: Wakaf Institution 12 Lesson from some IFIs and IPIs 13 Overview and Refreshment Farewell Speeches Introduction The Need for This Subject Background and Rationales Since the mid 20th century, there has been a serious effort within Muslim societies to comply fully to the Islamic tenets in daily life. This includes the application of Islamic economic teachings, as discussed in various verses of the holy Qur’an, in the ahadith, as well as exemplified in the real life of prophet Muhammad and his companions. The real example of this effort can be seen in the establishment of Islamic financial institutions such as banks, insurance companies, capital markets, mutual funds and so forth, both in Muslim and nonMuslim countries. Background & Rationales The proliferation of growth in the Islamic banking sector, both nationally and internationally, has been remarkable. Islamic banks now stand side by side with their conventional counterparts in more than 150 countries worldwide. Islamic Banking and Finance has become an important academic discipline and has attracted research in a number related areas such as the economics, finance, accounting, law, Syari’ah and others. Demand for Islamic Banking and financial instruments as well as Islamic financial institutions have experienced a rapid growth internationally. As an important financial activity in the Muslim world, knowledge and expertise in this discipline is very valuable, not only to the Islamic banks and financial institutions, but also to the Muslim world in ensuring sufficient number of experts and knowledgeable workers in this area Scenario Patricia Aburdene (2007) in Megatrend 2010 The Power of Spiritualism Spirituality in Business One of The Indonesian National Agendas President SBY Speech Opening of Shariah Economic Festival http://www.indonesia.go.id/id/index2.php?option=c om_content&do_pdf=1&id=6624 Budget BI for Economic Shariah Development (8 x Rp 1,3)Direktorat Perbankan Syariah BI (Dr. Mulya Siregar) Overview of Islamic Economic Why Islamic Economic? Islam as a comprehensive way of life AQIDAH SYARIAH MUAMALAH SPECIAL RIGHT IBADAH PUBLIC RIGHT INTERIOR AFFAIRS ADMINISTRATIVE AKHLAK ECONOMY EXTERIORS AFFAIRS CONSTITUENCY FINANCE Zarqa (1959) Classic Islamic Economist Abu Yusuf (731-798), Yahya Ibn Adham(818), El-Hariri (1054-1122), Tusi (1201-1274), Ibnu Taymiyah (1262-1328), Ibnu Khaldun (1332-1406), Shah Waliullah (1702-1763). Contemporary Interest in Islamic Economics Political Independence of Moslems Countries End of II World War Islamic Resurgence Desire to be free of colonial influence Need to find Indigenous solutions to socio economic problems Rejection of western capitalism and socialism Answer in Islamic Heritage Development of Islamic Economics (1) 1930’s – 40’s Fiqh and Kalam 1950’s – early 60’s economics teachings and principles of Islam 1970’s – 80’s calls for Islamic Economics and Islamic Economic System Development of Islamic Economics (2) Writing on Islamic Economics Jurists legalistic confined to riba, zakat, banking, etc. Modernist liberal interpretation of sources of Islam answer problems of today Western trained Muslim Economiists combined fiqh and economics economic system and analysis Development of Islamic Economics (3) Contemporary Muslim Economic Thingking Agreement on philosophical foundation Agreement on sources of knowledge Agreement on general principles Common “core” based on Qur’an and Sunnah Development of Islamic Economics (4) Differences arise in Interpretation of term and concept found in Qur’an and Sunnah Approach and methodology followed in building theoritical construct of Islamic Economics and Islamic Economics Systems Interpretation of features in Islamic Economics System Shades of Muslim economics thought Development of Islamic Economics (5) Need for comparative analysis of contemporary Moslem Economics thought Areas chosen approach and scope, underlying assumptions, Features of an Islamic Economy, Distribution, Production Scholar chosen (based on the literature written) M.A. Mannan, M.N. Siddiqi, S.N.H. Naqvi, M.Kahf, S.M. Taleghani, M. Baqir Al Sadr For Further Discussion please refer to “Contemporary Islamic Economic Thought” written by M. Aslam Haneef Outline of Islamic Economics System Sector Public Sector Private Sector Social Welfare Sector Major Function Maintenance of law order, justice and defense Promulgation and implementation of economic policies Management of properties under state ownership Economics intervention if necessary Creation of wealth Economic activities of production, consumption & distributions Islamic Social Security (al takaful al ijtima’i) Possible Institution Government, ministries, and departments Statutory bodies Government companies Owner operator Sharikah Public Sector (Bait al Mal, Bait al Zakat) Private sector (charitable org. individu) Relevant Syariah Law Government administrative laws i.e. company law, commercial law, Land Various Fiqh of muamalah laws i.e. mudharabah, musyarakah, ijarah, etc Various iftima’I i.e. zakah, waqf, tarikhah, sadaqah, qard law, taxation law Special Features of Islamic Economic System Inspired by Islamic worldview (tasawwur Islami) The concept of wealth and ownership (vicegerency/khalifah) The implementation of the objective of Islamic Law/Syariah (maqasid asy syariah) The prohibition of riba, gharar Institutionalization of public service institutions such as zakat, infak, sodaqoh and wakaf Special Features of Islamic Economic System Institutionalization of Islamic Fiancial Institutions Introduction to fair competition and dan equitable market to achieve the efficiency and justice in economic transactions Economic regulation trough al hisbah Equitable distribution of wealth to achieve social justice (tazkiyah) Foundations of Islamic Institutions and Islamic Financial System Islamic Institutions Characteristics Established by Moslems (majority owned by Moslem) For the benefit of Moslem communities Operated and regulated based on Islamic Law (Syariah) Type Thought by Al Qur’an dan As Sunnah Solah, Zakah, Hajj Introduced by ijma’ Ullama traditional waqaf, BMT Introduced by contemporary Ullama Islamic Financial Institutions “Tidak ada keuntungan bagi orangorang yang menyalahgunakan kekuasaannya, dan mereka tidak akan pernah memiliki pemimpin jika dipimpin oleh orang yang tidak baik” (Al Afwah Al Awdi Pre-Islamic poet, as quoted by Al Mawardi Al Ahkam Al Sultaniyah) Islamic System and Institutions Didirikan dalam Tasawwur Islam Dikelola berdasar moral dan etika Islam Diatur oleh syariah Islam Maslahah Prinsip-prinsip untuk mencapai terpenuhinya kepentingan umum. Good is lawful, and lawful must be good. Tujuannya adalah untuk melindungi kepentingan yaitu (Imam Syatibi): Daruriyat (kebutuhan dasar) Hajiyyat (kebutuhan tambahan) Tahsiniyyat (kebutuhan pelengkap) Daruriyat Melindungi: Deen (agama) Nafs (jiwa) Nasl (keturunan/keluarga) Mal (harta) ‘Aql (akal) Hajiyyat Tambahan terhadap kebutuhan pokok Jika diabaikan mungkin menimbulkan kekurangan/masalah. Contoh: pelarangan penjualan alkohol untuk menghindari konsumsi alkohol. Contoh: kemudahan dalam menjalankan ibadah bagi orang sakit ataupun musafir. Tahsiniyyat Pemenuhan kebutuhan ini memberikan peningkatan kualitas hidup. More desirable. Contoh: menghindari pemborosan. Islamic Accountability Tanggungjawab transedental terhadap Allah SWT (hablunmminnalah) Tanggung jawab sosial (hablumminanass) Setiap manusia adalah khalifah Kebahagiaan dunia dan akhirat Tujuan ekonomi tidak hanya menyangkut keakayaan bersih tetapi juga meliputi pembersihan diri dan kekayaan (tazkiyah)