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DUAL BANKING SYSTEM: The Divergence of Concepts and Pure Implementation of the Muamalat Rules in Syariah Banking
Nurjannah S, Rina Rohayu H

Faculty of Law University of Muhammadiyah Mataram


Abstract

This article analyzes the concepts and phenomena of the banking dualism system (dual banking system) in the Syariah banking system. For almost three decades, syariah banking in Indonesia has experienced a dynamic that has implications for the incompleteness of the concept and implementation of the muamalat pillars in it. Not just changing forms and colors, but there is a fading mind in Syariah banking. Although on the other hand the Sharia Supervisory Board is present as an autonomous sharia supervisory institution from the Indonesian Ulema Council to ensure the implementation of muamalat rules, but the dualism of the banking system makes a denial and violation of the rules of the mualamat itself. This research is very important to criticize the concept and implementation of dual banking systems in syariah banking which have an impact on divergence and failure to achieve peoples welfare and property management that is not in accordance with the objectives of Sharia (al-Maqasid al-Sharia). Critical legal study is a method which is used to analyze concepts and implementation and provide solutions to the problems of syariah banking institutions, full separation (mono banking system) and release of the syariah banking institutional structure from the structure of Bank Indonesia and the World Bank. That construction provides divergency space for the implement of syariah banking system with pure Sharia, with a system that is guided by other sharia-pure state banks such as ar-Rajhi bank, the Islamic Development Bank standard.

Keywords: dual banking system, purification of muamalat rules, institutional system

Topic: Islamic Law

Link: https://ifory.id/abstract/xn7tLgZUuF4N

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (Nurjannah S)

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