...transfer Technically To make a transfer of a debt from one debtor to the debtor account of another To transfer a debt from one person (debtor) to another with the same price, it comes to the consequence than the liability of the debtor is abolished. In other words, the first obligator is freed from any financial obligations. Hiwalah is a contract which caused the transfer of debt from one party to another. According to Mughni Muhtaj, the term hiwalah is refer to the debt transfer from a party/person to another. Through the transfer of a claim of a debt. the responsibility for its settlement is shifted from one person to another. Hiwalah is similar to the sale of debt but is not sale, it also resemble kafalah and wakalah. However. it is a unique contract which has its own distinct features and condition. The three important participants in a hiwalah contract are: the principal debtor, the creditor and the transferee. When a valid hiwalah is concluded, the debt is no longer demanded from the principal debtor. this is because in hiwalah, the debt is transfered from the principal debtor to the transferee. Furthermore. hiwalah establishes a right for the creditor to demand the settlement of debt from the fransferee. Evidence Hadith • The prophet S.A.W: “The deferment (of paying debt) by the richer is an injustice. When there is one of you, get the offer from other to transfer your debt to another person, just accept it” • In Riwayat Ahmad, Prophet...
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...ISLAMIC BUSINESS TRANSACTION CONTENT DEFINITION DEFINITION EVIDENCES PILLARS CATEGORIES APPLICATION 2 Ð Ð Ð Ð Ð Ð DEFINITION EVIDENCE PILLARS OF AL-HIWALAH CATEGORIES OF AL-HIWALAH ADVANTAGE OF AL-HIWALAH APPLICATION OF AL-HIWALAH DEFINITION DEFINITION DEFINITION EVIDENCES PILLARS CATEGORIES APPLICATION 3 Ð Literally To turn over; move or transfer Ð Technically To make a transfer of a debt from one debtor to the debtor account of another To transfer a debt from one person (debtor) to another with the same price, it comes to the consequence than the liability of the debtor is abolished. In other words, the first obligator is freed from any financial obligations. Ð Hiwalah is a contract which caused the transfer of debt from one party to another. Ð According to Mughni Muhtaj, the term Hiwalah is refer to the debt transfer from a party/person to another. NATURE OF AL-HIWALAH DEFINITION DEFINITION EVIDENCES PILLARS CATEGORIES APPLICATION 4 Ð Through the transfer of a claim of a debt, the responsibility for its settlement is shifted from one person to another. Ð Hiwalah is similar to the sale of debt but is not sale, it also resemble kafalah and wakalah. Ð However, it is a unique contract which has its own distinct features and condition. Ð The three important participants in a hawalah contract are: the principal debtor, the creditor and the transferee. Ð When a valid hawalah is concluded...
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...J.KAU: Islamic Econ., Vol. 19, No. 2, pp: 23-36 (2006 A.D./1427 A.H.) A Panel Data Analysis of Fee Income Activities in Islamic Banks SHAHIDA bt. SHAHIMI Candidate of Islamic economics and assistant lecturer of Islamic economics, banking & finance, Email: shahida@pkrisc.cc.ukm.my, ABD. GHAFAR B. ISMAIL Professor of banking and finance, Email: agibab@pkrisc.cc.ukm.my and SANEP B. AHMAD Lecturer of Islamic economics and statistical economics, Email: nep@pkrisc.cc.ukm.my Islamic Economics and Finance Research Group School of Economics Universiti Kebangsaan Malaysia, Malaysia ABSTRACT. In recent years, commercial banking worldwide has experienced a significant decline in its traditional business of accepting deposits and offering loans. Simultaneously, banks have become more involved in nontraditional activities that provide financial services and generate fee income. As a result, income from nontraditional activities has risen relative to income from traditional activities. This article presents an empirical investigation of Islamic banks’ involvement in various fee income activities. Our theoretical hypotheses relate the level of fee income activities at an individual bank to asset size, profitability, core deposits, capital risk as well as credit risk. These hypotheses are tested empirically using bank-specific information from a panel of Malaysian Islamic commercial banks for the years 1994 to 2004. The results imply that banks with higher levels of fee-generating activities...
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...The Journal of Applied Business Research – January/February 2009 Volume 25, Number 1 The Evolution Of Islamic Finance In Southeast Asia: The Case Of Malaysia (1) Rika Nakagawa, Institute of Developing Economies, Japan ABSTRACT The purpose of this paper is threefold: to explain why the Islamic financial system was introduced in Malaysia; to outline how the Malaysian government has promoted this system; and to analyze the development of the Islamic financial system with a specific focus on the banking sector. In Malaysia, the first Islamic bank, Bank Islam Malaysia Bhd., was established in 1983. One turning point of the Islamic financial system in the country was the Financial Sector Master Plan presented by the central bank in 2001. The government, in accordance with the plan, has taken a strong initiative in the development of an Islamic financial system. As a result, the country has succeeded in promoting a comprehensive Islamic financial system, banking and insurance sectors and capital markets. In the banking sector, this paper reveals that the profit-sharing system does not seem to be popular in this country although the reward system is central to Islamic Finance. In order for further development of the Islamic financial sector, the reasons why the percentage of contracts under the profit-sharing system is small need to be analyzed. Keywords: Islamic Finance in Malaysia, Financial Sector Master Plan, New Economic Policy, Bank Islam Malaysia Bhd., Islamic Banking Scheme...
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...PRAKATA Assalamu’alaikum Warrahmatullahi Wabarrakatuh Puji syukur saya panjatkan kepada Allah Subhanahu wa Ta’ala karena atas rahmat-Nya kami mampu menyelesaikan makalah ini dengan baik. Paper tentang Fiqih Muamalah ini disusun dengan tujuan untuk melengkapi mata kuliah Fiqih Muamalah dan diharapkan melalui makalah ini, kami selaku penulis dapat lebih memahami apa itu Fiqih Mumalah, sumber, asas dan urgensi dalam mempelajarinya. Kami mengucapkan terimakasih kepada semua pihak yang telah membantu saya dalam proses penyusunan paper ini. Semoga penyusunan makalah ini dapat memberikan inspirasi bagi penulis yang lain. Wassalamu’alaikum Warrahmatullahi Wabarrakatuh Jakarta, 28 Februari 2015 Penyusun DAFTAR ISI PRAKATA | 1 | DAFTAR ISI | 2 | | | BAB I : PENDAHULUAN | 3 | 1.1 Latar Belakang | 3 | 1.2 Rumusan Masalah | 3 | 1.3 Tujuan Penelitian | 3 | 1.4 Sumber Data | 3 | | | BAB II : PEMBAHASAN | 4 | 2.1 Pengertian Fiqih Muamalah | 4 | 2.2 Sumber-sumber Fiqih | 8 | 2.3 Asas Fiqih Muamalah | 9 | 2.4 Urgensi mempelajari Fiqih Muamalah | 12 | | | BAB III : SIMPULAN | 15 | 3.1 Simpulan | 15 | | | DAFTAR PUSTAKA | 16 | BAB I PENDAHULUAN 1.1 Latar Belakang Islam sebagai agama memiliki kemuliaan dan keagungan yang sangat tinggi. Islam merupakan agama terbaik, tidak ekstrim, agama yang mudah, jelas. Islam adalah...
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