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A COMPREHENSIVE OVERVIEW
Topics Discussed:
Basics
Principles
Products
and Services
That which you give as interest to increase the peoples' wealth increases not
with God; but that which you give in charity, seeking the goodwill of God,
multiplies manifold. (30: 39)
And for their taking interest even though it was forbidden for them, and
their wrongful appropriation of other peoples' property. We have prepared for
those among them who reject faith a grievous punishment (4: 161)
O believers, take not doubled and redoubled interest, and fear God so that
you may prosper. Fear the fire which has been prepared for those who reject
faith, and obey God and the Prophet so that you may receive mercy.
RIBA IN HADITH
1. From Jabir R.A: The Prophet S.A.W may cursed the receiver
and the payer of interest, the one who records it and the two
witnesses to the transaction and said: "They are all alike [in
guilt]." (Muslim, Kitab al-Musaqat, Bab la'ni akili al-riba wa
mu'kilihi; also in Tirmidhi and Musnad Ahmad)
Shariah
GOVERNING PRINCIPLES
1. The prohibition of interest or riba based transactions
2. Avoidance of speculations (gharar)
3. Avoidance of oppression (zulm)
4. Introduction of Islamic tax (zakat)
5. Financing of Sharia Approved activities and discouraging the
production of goods and services which are not allowed in Islamic
values (haram).
SOME FACTS
Top
The
Islamic
Mudarabah
Musharakah
Murabahah
Salam
Ististna
Ijara
Sukuk
(Bonds)
Takaful
MUDARABAH
MUDARABAH
There are two types of Mudarabah:
Restricted Mudarabah (Mudarabah Muqayyadah):
It is a kind of Mudarabah in which the capital provider
restricts the Mudarib to perform business with certain
restrictions. These restrictions may be for place
(geographical restriction), particular type of investment
(sector wise restriction) or any other restriction provided
these restrictions do not unduly constrain the Mudarib from
business operations.
Unrestricted Mudarabah (Mudarabah Mutlaqah):
It is a kind of Mudarabah in which the capital provider
(Rabbul Maal) does not put any restriction the Mudarib.
MUSHARAKAH
A joint enterprise or partnership structure with profit/loss
sharing implications that is used in Islamic finance instead of
interest-bearing loans
There are some basic features of Musharakah:
Mixing of Capital (joint ownership);
Asset or property or anything that can accept
partnership;
Rights and Responsibilities;
Sharing of profit and loss
MUSHARAKAH
Permanent
Musharaka:
(Redeemable) Musharaka;
Musharaka
MURABAHAH
Murabahah is a particular kind of sale where the seller
expressly mentions the cost of the sold commodity he has
incurred, and sells it to another person by adding some profit
thereon. Thus, Murabahah is not a loan given on interest; it is
a sale of a commodity for cash/deferred price.
(1) Islamic bank purchase the goods for murabaha sale from the
vendor and pays for it.
(2) Islamic bank enters into a murabaha contract with customer
and delivers the good.
(3) The customers pays the bank in installments/cash over the
contract period.
SALAM
In Salam, the seller undertakes to supply specific goods to the
buyer at a future date in exchange of an advanced price fully paid
at spot. The price is in cash but the supply of purchased goods is
deferred.
Parallel Salam
In an arrangement of parallel Salam there must be two different
and independent contracts; one where the bank is a buyer and the
other in which it is a seller.
ISTISNA
TAKAFUL
IJARAH
Basic Rules
Subject of lessee
Period of lease
Lessee as Ameen