CHARACTER BANK Shari'a

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It's understandable that the conventional banks ribawi grow with the arrival of colonial rule. The similarity between the time of colonial occupation with the establishment of these banks in the Islamic community to justify the opinion that these banks were built on purpose in order to assist with mastering the colonial economy. Also to be embedded hearts of the people of discrepancy between what they believe about the prohibition of usury with the reality that theirs is not free from usury. Similarly constructed to plug the seeds of doubt about the correct and fitting Islamic Shari'ah in this kiwari times.

But Allaah has guaranteed the truth of His Shari'ah and easier for people to re-think the danger of usury that has befallen mankind today. Finally, many people are thinking to build the banks built on the Islamic sharia system. Of course the challenge is quite heavy because they have to convince the public that the bank could be a replacement solution usury banks. Therefore shariah banks should be able to fulfill the following things:

1. Shariah bank must be able to perform all the functions that have made usury banks in the form of financing (Financing), accelerate and simplify business muamalaat, attract public savings funds, clearing and transfer, monetary issues and the like from other banking practices.

2. Shariah banks have committed to the laws of Shari'ah with the ability to fulfill demands of the times in terms of economic development in all its aspects.

3. Shariah banks have committed to the principles and the basic principles of economics is right in accordance with the ideology and kaedah Islamic Shari'ah and not just using the basics of economic theory of public finance is certainly built on the foundations mu'amalah ribawiyah.

Three cases must be accomplished shariah bank to be run over the times with all the contemporary phenomena and problems.

Bank characteristics Shari'at

Shari'ah financial institutions have characteristics that distinguish banks from usury, which are:

1. Shari'a finance institutions must be free from all forms of usury and the dilarangan mu'amalah shari'ah. It became jorgan and its main symbols. Without this one financial institution should not be called shari'ah financial institutions.

DR. Ghorib al-Gamal said: "Net Characteristics of usury in the banking Muamalat Shari'ah is the main characteristic and makes its presence along with the correct tetanan to Islamic society. (Shari'ah financial institutions) to paint the entire activity with a strong spirit and motivation of faith that makes its practitioners have always felt that the activities that their respective activities aimed sekdar not realize a profit, but it should be added that it is one way of jihad in carrying the load treatises and preparation to save the people from practices that menyelisihi basic norms of Islam. Above it all practitioners should feel that such activity is worship and devotion that will get a reward from God with worldly material obtained replies. "[See Book of Al-Mashorif Wa-Tamwiel Yang at al-Islamiyah, DR. Gharib al-Jamal p. 47]

2. Directing all the ability to increase (at-Tanmiyah) by its-titsmar (capital development) is not by way of debt (al-Qardh) that benefited. Shari'a finance institutions should be able to manage his property with one of two things that have been recognized Shari'ah:

1. Development of direct investment capital (al-Its-titsmar al-Mubaasyir) within the meaning of the Bank conduct their own commercial property management in projects of real benefit.
2. Musharaka capital investment by the Bank in terms of planting stock in the capital that makes the real sector banks such as Syariek Shari'ah (allies) in the ownership of the project and was instrumental in the administration, and supervision as well menegemensyariek also be generated in all these projects either in the form of profits or losses as a percentage agreed upon between the syariek.

Because the bank is built on the principles of Shari'ah and Islamic principles, then all their activities are subject to the standards of halal and haram predetermined Islamic shari'ah. This requires financial institutions to do the following:

1. Directs the development of capital (investment) and focus them on the circle of goods and services that can meet the general needs of the Muslims.
2. Keep from falling in the circle of illicit products.
3. Keeping each of the stages of the product remain in the circle halal.
4. Keeping each for their products (operating systems and the like) in the circle corresponding halal.
5. Decide the basic needs of communities and beneficiaries are the general before looking at the profit will be obtained individual.

[See Book of Su `Mi'at Mi'at Jawaab Haula al wa al-Islamiyah al-Bunuk things. 45-46]

3. Tying economic development with social growth. Shari'a finance institutions are not just tie the economic development and social growth alone, but must consider the social growth of society as a principle that economic development does not give the result without regard to this matter. Thus banks have to cover two sides of the Shari'ah and commitment to the betterment of society and of justice. No leads as usury banks that lead to projects that have prospects and more menjanjika profit growth without regard to social matters, because it is the shortage that has caused harm in the community.

4. Collect treasures and handed it to idle-titsmaar its activities and management by financing target (tamwiel) projects of trade, industry and agriculture, as Muslims who do not want to store their wealth in banks ribawi hope for shariah banks to store treasure they are there.

5. Facilitate the means of payment and facilitate direct trade exchange movement (harakah at-Tabaadul at-Tijaari al-Mubasyir) Islamic world and work together in the field with the rest of the world sharia financial institutions in order to fulfill his duties as perfect as possible.

6. Turning on the order of charity by making institutions in the bank's own charity that collects the zakat bank. Then menegemen own financial institution that manages the institution of zakat. Because financial institutions are subject to the Shari'ah to Muamalat Islamic wealth management and rights shall be in such treasures.

7. Building the treasury of the Muslims and establish institutions for that is managed directly by the financial institution management.

8. Embedding kaedah fair and equal in fortune and losses and keep the element ihtikaar(hoarding goods to raise prices) and flatten as much as possible the amount of the benefit to the Muslims after the benefit is only owned a large property owners who do not care where to get it from the road.

Thus some characteristics of shari'ah financial institutions are expected to be a substitute solution usury banks. Hopefully this expectation is realized in a tangible form.

Wabillahi at-Taufiq.

[This paper was adapted from the book entirely Bunuk al-Islamiyah al-an-Nazhoriyah bayn wa at-Tathbiq, Prof.Dr. Muhammad bin Ahmad bin Abdullah ath-Thoyaar, second printing 1414 H, Dar al-Wathan, Riyadh, KSA p. 91-95]

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