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//Bicara Profesor


















                                                   Dr. Romzie Rosman
                                                   Assistant Professor,
                                                   Coordinator for Ph.D and Masters Programme
                                                   (Finance and Management)
                                                   Academic and International Relations
            Islamic Finance: Issues



            and Challenges 1.0







            Introduction                      Issues in Islamic Finance        Abdullah (2007) highlight that
                                                                               the majority of scholars view this
            The development of Islamic finance   Echchabi and Abd. Aziz (2014)   penalty charge from the debtor
            is widely considered phenomenal   examine customers’ perception    for the late payment as similar to
            (Laldin and Furqani, 2013).      regarding current Shariáh issues   riba which is prohibited by the
                                             of Islamic banks in Malaysia. They
               In countries where Islamic    explore the dual banking system   Quran.
            banks co-exist with conventional   in particular.  Their findings show
            banks, an important criterion    that the regulation and supervision   Discussion
            that differentiates the former   of Islamic banks are comparatively
            from the latter is its compliance   more challenging.  This is due   Technically, ta’widh means
            with the Islamic rules or its    to Islamic banking sector being   financial compensation paid while
            Shariáh compliance (Echchabi     relatively new as opposed to the   gharamah means fine or penalty.
            and Abd. Aziz, 2014). All the    established conventional banking   Bank Negara Malaysia (BNM)
            Shariáh teachings, injunctions   sector. Hence, this article critically   Shariáh Resolution states that in
            and prohibitions are related to   examines two underlying issues   conventional financial system, the
            the grand wisdom (hikmah)        in Islamic finance. The issues    problems associated with default
            of securing human interests in   are ta’widh (compensation) and    on loan repayment are controlled
            the worldly life and hereafter   gharamah (fine or penalty) in the   by charging interests or riba on
            (Laldin and Furqani, 2013).      Islamic financing facilities.     customers (BNM 2010, p.129). Since
            In theory, there are many                                          the imposition of interests or riba is
            differences between Islamic and      The issue on penalty payment   prohibited by Shariáh, Islamic banks
            conventional banks.  For instance,   in Islamic financing facilities have   do not adopt this mechanism to
            the interest-bearing contracts in   been addressed by numerous     address the cases of customers
            conventional banks are replaced   authors (e.g. Jarrar, 2009; Rosly,   default in settling their financial
            in Islamic banks by return-bearing   2010).  In practice, Islamic banks   obligations under any Islamic
            contracts, where the profits and   usually charge a penalty fee of   contract.
            losses as well as risks are share   one (1) percent on customers’      Moreover, the Quran has
            between Islamic banks and their   late payment (Echchabi and Abd.   declared the prohibition of usury
            customers (Khediri et al., 2015).  Aziz, 2014). Similarly, El-Din and   (riba) in general. Riba’ means




      26   UIM Bulletin
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