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Diversification of Islamic Financial Insturments

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Aqd Mudarabah

44

: In this contract, the Takaful operator will act as the operator

(

Mudarib

) that manages the funds and the Takaful participants act as the owner of

funds (

Sahibul Mal

). The participants authorize Takaful operator to manage the funds

and the profit gained in the investment will be shared with an agreed ratio of profit

sharing.

Aqd Mudarabah Mushtarakah

45

: The contract is a combination of Mudarabah

contract and Musharakah whereby the Takaful operator as Mudarib also provides

capital in their investment with Takaful participants. Both capital (funds) are invested

and the profit shared accordingly with an agreed ratio or share in accordance with

capital contribution.

The system provides for the Takaful funds in both cases of an Underwriting Surplus or an

Underwriting Deficit.

Underwriting Surplus:

If there is underwriting surplus on the Tabarru’ fund, some of

the following can be chosen provided promise (

Wa’ad)

is signed between Takaful

participants and Takaful operator, namely:

46

The underwriting surplus are kept as reserve in

Tabarru’

fund account.

Some of the surpluses are kept as reserve but some are distributed to the Takaful

participants in accordance with actuarial or risk management requirement.

Some of the surpluses are kept as reserve but some are distributed between

Takaful participants and Takaful operator.

Underwriting Deficit

: If there is underwriting deficit on the

Tabarru’

fund, the

Takaful operator are required to take care the deficit using loan (

Qard

). The loan will

be settled to the Takaful operator using Tabarru’ fund.

47

3.2.6. BEST PRACTICE AND CHALLENGES

Islamic Banking

One of the practices of Islamic banking practices in Indonesia is financial inclusion through

Islamic micro financing that attempts to reach the medium and small segment of society

through Islamic Rural Banks, known as Bank Perkreditan Rakyat Syariah (BPRS). In 2011 and

2015, the number of BPRS operating becomes 163 in 2015 while in 2011 is about 155

institutions. Their total assets are growing from IDR 3.52 trillion in 2011 to IDR 7.74 trillion in

2015 (OJK Islamic Banking Statistic, December 2016). BPRS offers various financing products

for their costumers based on various principles approved by Shariah such as

Murabahah

,

Musyarakah

,

Mudharabah

,

Salam

,

Istisna’

, and others.

44

The

‘Aqd Mudarabah

practice is based on Fatwa of DSN-MUI Number 21/DSN-MUI/X/2001.

45

Mudarabah Mustarakah

is based on Fatwa DSN No.51/DSN-MUI/III/2006.

46

This is based on Fatwa DSN No.53/DSN-MUI/III/2006 on Underwriting Surplus.

47

This is based on Fatwa DSN No.53/DSN-MUI/III/2006 on Underwriting Deficit.