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2.1.2 Islamic Capital Market and Islamic Stock
The Islamic stock market can be considered one of the important branches of the Islamic capital market whereby its components and
activities are based on Islamic law, which is based on venerable sources and approved by the Fiqh Ulama Securities Commisions, 2008.
According to Islamic Capital Market Task Force report which published by IOSCO in 2004, islamic capital market means where investment and
financing activities and products are structured in accordance with Shariah SULQFLSOHV´XUVD Malaysias definition is taken from The Islamic Capital
Market, p. 2: The Islamic Capital Market ICM refers to the market ZKHUH DFWLYLWLHV DUH FDUULHG RXW LQ ZD\V ZKLFK GRHVQ¶W FRQIOLFW ZLWK WKH
principles of Islam. The ICM represents an assertion of religious law in capital market transactions where the market is free from prohibited
activities and elements such as riba ¶maisir and gharar.
In classical Islamic literature, there is no terminology of investment in capital market but, as an economic activity, transaction in capital market
can categorized as trading activity al-Bay. So that, to know the permitted of investment in capital market we must know the islamic law in trading
activity. According to Bapepams rule no. IX.A.13 concerning the issuance of
islamic securities the definition of islamic principles in the capital market is The principles of Islamic law in the capital market activities by the
National Sharia Board fatwa Indonesian Ulema Council DSN-MUI, both DSN-MUI fatwa specified in the regulations CMFISA or DSN-MUI fatwa
issued prior to the the adoption this regulation , along the fatwa is not in conflict with this rule and or Bapepam-LK others based on DSN-MUI
fatwa .As far known, sharia capital market in Indonesia is associated to the Jakarta Islamic Index JII, which only composed of 30 sharia
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securities listed in Indonesia Stock Exchange IDX, whereas Sharia Securities existed in the Indonesian Sharia capital market are not only
consists of 30 shares that become the constituents of JII but also consists of various types of securities besides Sharia Stocks such as Sukuk and Sharia
Mutual Fund. Since November 2007, Bapepam-LK has issued Sharia Securities
List which contains a list of Sharia Stock in Indonesia. With the DES, the people will be more easy to know what kind of shares are included in
Sharia Stock because DES as the only reference for Sharia Securities in Indonesian. The Presence of DES followed by IDX to launch Indonesia
Sharia Stock Index ISSI on May 12, 2011. ISSI constituency consists of all Sharia Stock listed on.
In the same years, precisely March 8, 2011, DSN-MUI has issued fatwa No.80 concerning The Implementation of Sharia Principles in The
Equity Trading Mechanism at The Stock Exchanges Regular Market. In the presence Fatwa, it should be able to increase the public confidence that
sharia investment in capital market was appropriate with sharia principles as long as it meet the criteria with specified in fatwa Dewan Syariah
Nasional MUI, 2011. As a follow up to the issuance of fatwas, BEI has developed a model
of online trading which appropriate with sharia principles to be applied by IDX members on september, 2011. With the presence of this system, the
development of sharia investment in capital market is expected to increase because the investors will be more easy and convenient to make sharia
transaction.