Fakultas Ekonomi dan Bisnis Universitas Islam Negeri Syarif Hidayatullah Jakarta Semester Ganjil 2017/2018 Roby Arya Brata Roby Arya Brata finished his Ph.D. program in public policy and governance at the Australian National University. His Ph.D. research was on anticorruption policy implementation in Indonesia. A graduate in international law from Padjadjaran University (Indonesia), he then completed his two master degrees in law (LL.M, with Honours) and public policy (MPP) from Victoria University of Wellington (New Zealand). Prior to his Ph.D. studies, he was a senior government official acting as Head of Constitutional and Administrative Legal Division at the Cabinet Secretariat/the Office of the President of Indonesia. He was a legal analyst at the Indonesian National Commission on Human Rights. He was later appointed as an Assistant to Chairman of Presidential Unit for Government Reform and Program Management (later UKP4). Roby has also acted as an Indonesia Delegate involving in several international negotiations. He is now tasked as a Deputy Assistant for Law, Human Rights and Buraucratic Reform at the Cabinet Secretariat of Indonesia. A part-time lecturer at universities in Indonesia and with more than 20 year experiences in legal and policy analysis, he had been invited as a guest lecturer at The Australian National University and The University of Sydney in Australia. He was a speaker at various international conferences on law and anticorruption. He is a columnist on governance, public policy, anticorruption, and legal issues. He is a governance consultant and a resource person for TVs and media. His books “Memperkuat Negara dan Pemerintahan” and “Why did Anticorruption Policy Fail?” (USA) have recently been published. In 2000, he was awarded as the first prize winner of a national essay writing competition organized by the Indonesian Intellectual Property Society and the Indonesian Association for Scientific Writers. He was a strong candidate commissioner for the Indonesia Anticorruption Commission/KPK 2015-2019.
Roby Arya Brata, S.H., LL.M. (Hons.), MPP, Ph.D.
Email: robybrata@yahoo.com Mobile: 081 384 767 742 2 Islamic Business Ethics 3 What is Ethics? 4 INTRODUCTION 5
Business and trade among Muslims is not a new thing. If
highlighted trading history of Islam, its history starting in the early scene where the man two sons of Adam, Habil and Qabil namely has pioneered the field of entrepreneurship. Habil pioneered the former, while Qabil pioneered agriculture farming (Nor, 2012). The Prophet himself was directly involved in the business before being appointed apostles. Since the age of 12 years recorded history that often follow his entourage of his uncle Abu Talib out of business in Sham (Nizho & Mohd, 2008). He became one of the traders who market goods owned by Khadijah binti Khuwailid (R.A) to the countries such as Syria and Yemen. SOURCES OF ISLAMIC BUSINESS ETHICS 6
There are two sources to be used as a guide to business
ethics in Islam, namely the Quran and the Sunnah. Abu Hurairah ra from the Prophet Muhammad said: Meaning: "I leave behind me two things, you will not be lost forever as long as you stick with that the position of both the Book of Allah and the Sunnah of His Prophet".
In addition, this issue was discussed by the scholars in a
branch of the science of Fiqh al- Muamalat. An entrepreneur who understands business ethics in Islam can ensure that business is conducted blessed by Allah SWT. IMPORTANCE OF BUSINESS ETHICS IN ISLAM 7
The main goal of Islamic entrepreneurship towards the formation of
entrepreneurs who are always conscious of the Almighty Allah (Ab, 2009). Entrepreneurs who fear will always be committed to serve in order to realize a holistic and balanced entrepreneurship. Islam places great emphasis on regulation and business ethics in human life. Ethics as a rule good or bad, right or wrong, moral teachings about behavior and actions, especially in the economy comes out to the Muslim faith. Whatever is done will be linked to the objective world and hereafter. Therefore, the main requirement that must be emphasized is that the practice of good business ethics and social responsibility of the company. In addition, to ensure that every entrepreneur who dabbled in the business can avoid all evil nature (mazmumah) and to illuminate merit (mahmudah). This is important to ensure the interest of the community in order to secure from all the elements that can trigger conflict, injustice, oppression and a sense of dissatisfaction (Nor, 2012). They are able to protect the rights of both parties, as the seller of the trader and the consumer as a customer of goods involved. Ethics Defined The word “ethics” originates from 8the Greek word “ethos”, which means “character, spirit and attitude of a group of people or culture” (Loeb 1971). According to the Oxford Dictionary, ethics is defined as: (1) a system of moral principles by which human actions may be judged as good or bad, right or wrong; (2) the rules of conduct recognized in respect of a particular class of human actions. Rachels and Rachels (1993) note that ethics represent a set of moral principles, rules of conduct or values. According to Burks (2006), the issue of ethics arises when a person has to make a decision from various alternatives relating to moral principles. Rania (2006) highlights ethics in a more general term as web relationships with others. Delaney (2005) contends that ethics is concerned with the good worth sought in life and with the rules that ought to govern human behavior and human interaction. Ogbonna and Ebimobowei (2011) state that ethics is reflected in the principles that a person uses in governing his/her actions and the personal standard by which a person distinguishes the right from the wrong. Elegido (2000) describes ethics as it is the mission for, and the understanding of, the good life, living well, a life worth living. Thus, he thinks ethics is largely a matter of perspective by putting every action and goal in its place, knowing what is important doing and what is not. (Islamic) Ethics Defined 9
Nwagboso (2008) believes ethics is in confusion and ferment among
all people and he highlights that ethics is not about what person is or what person was, or even about what person will be but ethics is about what ought and have to be. Because of that, Nwagboso (2008) thinks ethics is the standard by which person should judge action or character. On the other hand, Hayes, Schilder, Dassen and Wallage (1999) define ethics as a set of moral principles, rules of conduct or values and ethics is relevant when a person has to make a decision from different choices concerning ethical principles. From an Islamic point of view, ethics is related to several Arabic terms. These terms are as follows: ma‘ruf (approved), khayr (goodness), haqq (truth and right), birr (righteousness), qist (equity), ‘adl (equilibrium and justice), and taqwa (piety). Good actions are described as salihat and bad actions are described as sayyi’at. However, the term that is most closely related to ethics in the Quran is akhlaq (Beekun 1996). (Islamic) Ethics Defined 10 Ethics in Islamic Perspectives 11 Ethics in Islamic Perspectives 12 Goodness in Islamic View 13 Goodness in Islamic View 14 Concept of Syumul 15 Framework of Islamic Business Ethics 16 Influencing Factors in Ethical Behavior 17 Illegal Business in Islam 18 Illegal Business in Islam 19 Thruthfulness in Business Transactions 20 Islamic Business Ethical System 21 IMPLEMENTATION OF ISLAMIC BUSINESS ETHICS 22 There are many ways to implement business ethics in Islam. One of them is the trader or an entrepreneur should have knowledge of the regulations and business ethics of Islam. It is demanding that they read and understand the things that are outlined in the Qur'an and Sunnah. In addition, they must believe that they will be brought before Allah on Judgment Day that arise fear to disobey Allah. Therefore, they should perform and practice of business ethics sanctioned by Islam. Without this confidence will be the birth of entrepreneurs who are trying to avoid the discharge of business according to Islamic ethics, especially when it involves cost, effort and time. They should be actively involved in defending the rights of the users and provide the information to government agencies and the private sector to find that there are a handful of entrepreneurs who committed fraud or breach of business ethics as outlined. Further, the government has an important role to provide clear guidelines and complete information about business ethics in Islam, to be distributed to businesses and entrepreneurs, as well as ensure that businesses and entrepreneurs understand the guidelines and implement them. 23 Terima kasih