Intro To Islamic Finance
Intro To Islamic Finance
Intro To Islamic Finance
Given that many ethical funds have similar characteristics as Islamic funds, it is
important for ethical investors attracted by the appeal of Islamic principles as well as the
performance of Islamic investments to understand that there are additional prohibitions
that must be applied on the products offered. These restrictions which are essentially self-
imposed based on belief and conviction act a moral compass; the monitoring of the
prohibitions by a Religious (Shari’ah) Supervisory Board may have prevented Islamic
financial institutions to deviate from a faith-based system and absorb the shocks within
the conventional financial system.
The important principles for Islamic financial instruments for participation and
investments that require strict adherence, while providing good returns, are:
• Investments must be free of interest, speculation and gambling, all are considered
as forms of exploitation
• Investments are made in permissible activities
• Investments must be separately approved by an independent Shari’ah supervisory
board to ensure Shari’ah principles are strictly adhered to and deviations and
wayward business practice penalised, for example in Islamic finance requires
penalties to be paid to charity
"The ethical principles on which Islamic finance is based may bring banks closer to their
clients and to the true spirit which should mark every financial service," the Vatican's
official newspaper Osservatore Romano said in an article its latest March 2009 issue.
Islam has a unique dispensation on the theme of wealth, its ownership, distribution and
social relationship. Islam enjoins wealth creation not for its own sake.
The theme of Islamic dispensation of wealth is treated as a deeply moral study of self and
society. The true nature of wealth in Islam requires social preferences and market
exchange mechanisms that are ethicised by human consciousness of the Moral Law.
Islam gives precise moral injunctions as to what are, and are not acceptable kinds of
wealth. They point out how individual preferences on wealth formation ought to be
utilised within the social meaning.
According to Shaikh Yusuf Talal DeLorenzo, well-known and respected Shari’ah advisor
and Islamic scholar as well as also author of the three volume “Compendium of Legal
Opinions on the Operations of Islamic Banks” the first English reference on the fatwa
(religious ruling) issued and published by the Institute, business, in the Qur'anic sense of
"profitable trade" or tijarat'un rabihah is business that brings blessings to those who
conduct it. Obviously, profits are important as ends, but the means by which those profits
are earned are even more important. Indeed, the reason for the emphasis in the Shari’ah
on proper transacting is that Islam accords great importance to the economic welfare of
society.
Islamic banking has the same purpose as conventional banking except that it operates in
accordance with the rules of Shari’ah, known as Fiqh al-Muamalat (Islamic rules on
transactions). Islamic banking activities must be practiced consistent with the Shari’ah
and its practical application through the development of Islamic economics. Many of
these principles upon which Islamic banking is based are commonly accepted all over the
world, for centuries rather than decades. These principles are not new but arguably, their
original state has been altered over the centuries.
The principle source of the Shari’ah is The Qur’an followed by the recorded sayings and
actions of Prophet Muhammad (pbuh) – the Hadith. Where solutions to problems cannot
be found in these two sources, rulings are made based on the consensus of a community
leaned scholars, independent reasoning of an Islamic scholar and custom, so long as such
rulings to not deviate from the fundamental teachings in The Qur’an.
It is evident that Islamic finance was practiced predominantly in the Muslim world
throughout the Middle Ages, fostering trade and business activities. In Spain and the
Mediterranean and Baltic States, Islamic merchants became indispensable middlemen for
trading activities. It is claimed that many concepts, techniques, and instruments of
Islamic finance were later adopted by European financiers and businessmen.
The revival of Islamic banking coincided with the world-wide celebration of the advent
of the 15th Century of Islamic calendar (Hijra) in 1976. At the same time financial
resources of Muslims particularly those of the oil producing countries, received a boost
due to rationalisation of the oil prices, which had hitherto been under the control of
foreign oil Corporations. These events led Muslims' to strive to model their lives in
accordance with the ethics and principles of Islam.
Disenchantment with the value neutral capitalist and socialist financial systems led not
only Muslims but also others to look for ethical values in their financial dealings and in
the West some financial organisations have opted for ethical operations.
Besides their range of equity, trade-financing and lending operations, Islamic banks also offer a
full spectrum of fee-paid retail services that do not involve interest payments, including checking
accounts, spot foreign exchange transactions, fund transfers, letters of credit, travellers' checks,
safe-deposit boxes, securities safekeeping investment management and advice, and other
normal services of modern banking. Islamic banking because of its value-orientated ethos
enables it to draw finances from both Muslims and non-Muslims alike.
Islamic banks are evolving financial and investment instruments that are not only profitable but
are also ethically motivated. The ever-increasing application and innovation of the methodologies
associated with derivative instruments that revolutionised the global financial industry have also
led to a global financial crisis because of the excess greed for profit and the immense uncertainty
and risk associated with these types of transactions. There are doubts associated with the
permissibility of derivative instruments under Islamic finance generally.
Addressing issues to resolve the global financial crisis world leaders called for a set up on the
basis of capitalism of entrepreneurship where banks finance economic development in the real
economy, as opposed to the set up on the basis of capitalism of speculation whereby banks
derive excessive profit from speculative transactions that do not make any contribution to the real
economy.
Islamic financial institutions must adhere to the best practices of corporate governance
however they have one extra layer of supervision in the form of religious boards. The
religious boards have both supervisory and consultative functions. Since the Shari’h
scholars on the religious boards carry great responsibility, it is important that only high
calibre scholars are appointed to the religious boards.
They are responsible primarily to give approval that banking and other financial products
and services offered comply with the Shari’ah and subsequent verification that of the
operations and activities of the financial institutions have complied with the Shari’ah
principles (a form of post Shari’ah audit). The Shari’ah Supervisory Board is required to
issue independently a certificate of Shari’ah compliance.
The concept of collective decision-making, in other words, decisions made by more than
one scholar, is especially important. Shari’ah Supervisory Boards function is to ensure
that decisions are not unilateral, and that difficult issues of finance receive adequate
consideration by a number of qualified people.
Shaikh Yusuf Talal DeLorenzo, Islamic scholar, position is that unless a financial product
or service can be certified as Shari’ah compliant by a competent Shari’ah supervisory
board, that product's authenticity is dubious. At that point, it will be the responsibility of
the individual investor or consumer to determine on his or her own that the product
complies with the principles and precepts of the Shari’ah.
Shariah Authenticity
Shaikh Yusuf Talal DeLorenzo, Islamic scholar, position is that unless a financial product
or service can be certified as Shari’ah compliant by a competent Shari’ah supervisory
board, that product's authenticity is dubious. At that point, it will be the responsibility of
the individual investor or consumer to determine on his or her own that the product
complies with the principles and precepts of the Shari’ah.
Rules of Permissibility
Muslims believe that all things have been provided by God, and the benefits derived from
them, are essentially for man’s use, and so are permissible except what is expressly
prohibited in The Qur’an or Hadith. When guidance is not clearly given in he Qur’an
there are several other sources of law. For example, guidance can be sought from Fiqh,
which means ‘understanding’ and is the science of jurisprudence: the science of human
intelligence, debate and discussion
Islam not only prohibits dealing in interest and investment in unlawful activities that
Islam deems harmful to society, but also transactions involving excessive uncertainty
(gharar) and all forms of gambling (maysir).
The Shari’ah prohibits the payment of charges for the renting of money (riba, which in
the definition of Islamic scholars covers any excess in financial dealings, usury or
interest) for specific terms, as well as investing in businesses that provide goods or
services considered contrary to its principles (Haram, forbidden). While these principles
were used as the basis for a flourishing economy in earlier times, it is only in the late 20th
century that a number of Islamic banks were formed to apply these principles to private
or semi-private commercial institutions within the Muslim community.
"While a basic tenant of Islamic banking - the outlawing of riba, a term that encompasses
not only the concept of usury, but also that of interest - has seldom been recognised as
applicable beyond the Islamic world, many of its guiding principles have. The majority of
these principles are based on simple morality and common sense, which form the bases
of many religions, including Islam.
"The universal nature of these principles is immediately apparent even at a cursory glance
of non-Muslim literature. Usury was prohibited in both the Old and New Testaments of
the Bible, while Shakespeare and many other writers, particularly those writing in the
19th century, have attacked the barbarity of the practice. Much of the morality
championed by Victorian writers such as Dickens - ranging from the equitable
distribution of wealth through to man's fundamental right to work - is clearly present in
modern Islamic society.
"Although the western media frequently suggest that Islamic banking in its present form
is a recent phenomenon, in fact, the basic practices and principles date back to the early
part of the seventh century." (Islamic Finance: A Euromoney Publication, 1997)
Profit-and-Loss Sharing
While Islam employs various practices that do not involve charging or paying interest,
the Islamic financial system promotes the concept of participation in a transaction backed
by real assets, utilising the funds at risk on a profit-and- loss-sharing basis. Such
participatory modes used by Islamic banks are known as Musharakah and Mudarabah.
This by no means implies that investments with financial institutions are necessarily
speculative. This can be excluded by careful investment policy, diversification of risk and
prudent management by Islamic financial institutions.
However, benchmarking touches upon the integrity of Islamic Finance as a whole, and
the concept of Shari’ah-compliance vs Shari’ah-based approach in particular. There are
practical challenges delaying a switch to participation-based structures, such as
Musharakah and Mudarabah, that require financiers to participate in the underlying asset
in a financing transaction.
A B C D E F G H I J K L M N P Q R S T U W Z
Zakat al-Fitr Payable by every Muslim able to pay, at the end of Ramadan (the month
of fasting). This is also called Zakat al-Nafs (Poll Tax).
Zakat al Maal An annual levy on the wealth of a Muslim (above a certain level). The rate
paid, differs according to the type of property owned. This tax is
earmarked for amongst others for the poor and needy.
A B C D E F G H I J K L M N P Q R S T U W Z
Wahid God's Unity. Arabic term referring to the doctrine of Oneness (of God).
Islam holds God (Allah) is One (wahid) and Unique (ahad).
Wali Guardian.
Wajib Obligatory.
A B C D E F G H I J K L M N P Q R S T U W Z
Ujrah The financial charge for using services (wage, salary, allowance,
commission, fee)
Ukhuwah Spirit of brotherhood.
Urf Custom. Usage, common practice. Urf is one of the sources of the Islamic
law as long as it does not contradict the primary sourse of Shari'ah i.e.
the Qur'an and the Sunnah.
Ushr Ten percent (in some cases five percent) of the agriculture produce
payable by the Muslim as a part of his religious obligation, like Zakah,
mainly for the benefit of the poor and the needy.
Usufruct A legal right to use and derive profit from property belonging to someone
else provided that the property itself is not damaged.
Usul al-Fiqh Islamic legal theory.
A B C D E F G H I J K L M N P Q R S T U W Z
Tabarru Act of charity out of one's own free will without any compulsion or
obligation. A donation covenant in which the participants agree to
mutually help each other by contributing financially. A contract to provide
somebody any good or service without compensation in return.In Takaful,
a contract where a participant agrees to donate a pre-determined
percentage of the contribution to a Takaful scheme to provide assistance
to fellow participants. In this way the particpnat fulfill the obligation of
mutual assistance and shared responsibility should another participant
suffer a loss. Also referred to as Aqd tabaru.
Tafwid To entrust.
Tam'in Insurance.
Tawakkul Trust in God for the result after one has undertaken all necessary effort. It
is one of the important values for Muslims. After making all necessary
efforts, a Muslim believs that the result are in hands of GOD.
Tawarruq Reverse murabaha for the purpose acquiring cash through trade
activities. As used in personal financing, a client with a genuine financial
need buys a commodity on credit (deferred payment) from the bank on a
deferred payment basis and then immediately resells it to a third party for
immediate cash. This is not a widely approved practice as Classical
Muslim jurists are divided on the issue of Shar'iah permissibility of
Tawarruq. There is a view from Imam Ahmad Ibn Hanbal that Tawarruq is
prohibited (haram). Another view from Imam Muhammad Hasan al-
Shaibani, Imam Malik and of the two opinions narrated on behalf of Imam
Ahmad Ibn Hanbal held that Tawarruq is discouraged (makruh). Imam Ibn
Taimiyyah has considered Tawarruq as an exceptional dealing which is
permitted in the case of necessity (darura), where the person is really in
need of cash. Contemporary Muslim jurists are also divided on the issue
of Shari'ah permissibility of Tawarruq. Central Bank of Malaysia (Bank
Negara Malaysia) Shari'ah Advisory Council at its 51st meeting on the
28th July 2005 resolved that as a deposit product and financing based on
the concept of Tawarruq, which is known as Commodity Murabahah, is
permissible. The Shari'ah Advisory Council, Central Bank of Malaysia
also resolved in 2006 that the use of ijarah sukuk and Shari’ah-compliant
securities as underlying assets in tawarruq or murabahah to manage
liquidity in the Islamic financial system is permissible.
Thawab Reward.
A B C D E F G H I J K L M N P Q R S T U W Z
Salam Advance purchase or a type of sale in which the full price of the goods is
paid in advance and the goods are deleivered later at a specified date in
the future. A sale in which both the delivery of the object of sale and the
payment of its price are delayed. It is similar to a modern forward sale
contract. Under Shari'ah, a sale cannot normally be effected unless the
goods are in existence at the time of the bargain. However, this type of
sale is an exception provided the hoods are defined and the date of
delivery is fixed. The object of the sale must be tangible goods that can
be defined as to quantity, quality and workmanship. The mode of
financing is often applied in the agricultural sector, where the bank
advances money without interest for various inputs and in exchange
receives a share of the produce, which it then sells.
Sallalahu Abbreviated as S.A.W. meaning "peace and blessing of God upon him"
Alayhi with reference to Prophet Muhammad. More frequent term used is pbuh.
Wassalam
Sarf Currency exchange. Contract for exchange of gold, silver, and currencies
whether the currency or commodity exchanged is the same from both
sides or is different, that is, whether dinars are exchanged with dinar or
dinars are exchanged with dirhams.
Shari’ah Often referred to as Islamic law. Shari'ah as a legal case did not exist as
a legal case at the time the Qur'an was revealed. Refers to the laws
contained in and derived from the Quran and the Sunnah (practice and
traditions of the Prophet Muhammad (pbuh). It is primarily concerned
with a set of values that are essential to Islam and the best manner of
their protection. Shari'ah literally means a way to the entering hole or a
path apparently to seek felicity and salvation. It is a system that is all too
often misunderstood and misinterpreted in the West. The method of
finding solutions to new issues in the light of the goals and principles of
Islam are Ijtihad (independent reasoning), Ijma (consensus) and Qiyas
(analogy), these solutions are all upheld and supported by The Qur’an
and the Sunnah. The essential values of the Shari'ah include those of
faith, life, intellect, lineage, property, protection of honour, fulfillment of
contracts, preservation of ties of kinship, honouring the rights of one’s
neighbour in so far as the affairs of this world are concerned, and the love
of God, sincerity, trustworthiness and moral purity, in relationship to the
hereafter.
Shari'ah- "Term used in Islamic finance to denote that a financial product or activity
compliant that complies with the requirements of the Shari'ah, for example Shari'ah
compliant financing or Shari'ah compliant investment. Islamic finance
derives its principles from the Shari'ah, which is based on the Qur’an and
the Sunnah. The key defining characteristics in the application of
Shari'ah to financing structures are that transactions should be based on
tangible assets, and should not bear interest (riba). The generation of
profit is very much encouraged, and many commentators also identify risk
sharing as being one of the quintessential features of any Islamic
financing. Shari'ah principles also forbid uncertainty (gharar), speculation
or excessive uncertainty (maysir) and gambling (qimar), and well as
activities in certain prohibited areas.
Shari'ah Islamic Shari'ah scholars who are well-versed with the necessary
Scholar knowledge and competencies in the Shari'ah and its approaches to
economic and financial issues.
Shirkah Sharing, partner. A contract between two or more persons who launch a
business or financial enterprise to make profit. In the present Islamic
banking and finance terminology, Shirkah may include both Mudarabah
and Musharakah and variois other Musharakah-like business and
commercial partnerships
Suftajah A type of banking instrument used for the delegation of credit during the
early Muslim period, especially the Abbasides period (749 to 1258 AD). It
was used to collect taxes, disburse government dues and transfer funds
by merchants and was commonly used by travelling merchants. It
involved three parties: the payor, the payee and the transmitter. Suftajah
could be payable on a future date or immediately. A suftajah held by one
party could be endorsed to another party. The Arab merchants were
using endorsements (hawalah) since the days of Prophet Muhammad
(pbuh). It differs from the modern bill of exchange in that a sum of
money transferred by suftajah had to keep its identity and payment had to
be made in the same currency.
A B C D E F G H I J K L M N P Q R S T U W Z
Rab ul-Mal Owner of capital. In a mudarabah contract the person who invests the
capital (the capital owner or financier); the investor in mudarabah
contract.
Ramadan Month of fasting for Muslims. It is the ninth month of Islamic calendar,
during which Muslims fast; it is also a time for reflection, intensive prayer
and self-restraint.
Ras-al-Mal Capital; the money or property which an investor (rabb al-mal) invests in a
profit-seeking venture, often in a partnership as in mudarabah or
musharakah.
Riba al-fadl A sale transaction in which a commodity is exchanged for the same
commodity but unequal in amount, such as unequal exchange involving
larger amount of low quality goods with smaller amount better quality
goods, resulting in an excess in exchange. The concept of Ribal al fadl
refers to exchange and sale transactions in trade. To avoid riba-al-fadl the
exchange of commodities from both sides should be equal and instant.
Riba al-fadl was prohibited by Prophet Muhammad (pbuh) to forestall riba
from creeping into the economy. Also known as Riba al-buyu.
Riba al-nasiah Interest-based lending. Riba of delay or usury of debt, due to exchange
not being immediate with or without excess on one of the counter-values.
Increment on the principal of a debt or loan payable by the borrower. It
refers to the practice of lending money for any length of time on the
understanding that the borrower would return to the lender the amount
originally lent together with an increase on the loan amount, in
consideration of the lender having allowed the borrower time for
repayment. Usury of debt was an established practice amongst Arabs
during the pre-Islamic period. The increment was known as riba al-nasia.
Interest in all conventional banking transactions come under the scope of
Riba al-nasiah. Also known as Riba al-diyun.
Ribh Root of murabaha Cost plus Profit It is referring to a sale where a seller’s
sale an objective to others, where the cost of object is known for buyer.
Real Asset Physical or tangible or identifiable assets such as gold, land, equipment,
patents, etc. Opposite of a financial asset.
Ruq'a Banking instrument of the early Muslim period. It was a payment order to
draw money from the bank.
A B C D E F G H I J K L M N P Q R S T U W Z
PBUH "Peace Be Upon Him. Muslims say peace be upon him (pbuh) after every
mention of Prophet Muhammad's name, as a mark of respect.The Arabic
translation of peace be upon him is sallallahu alayhi wa sallam which is
usually abbreviated as S.A.W."
A B C D E F G H I J K L M N P Q R S T U W Z
Nass An Arabic word meaning "a known, or clear, legal injunction". Word or text
with single meaning; text from the work of a jurist.
Nisab Exemption limit for the payment of zakat. It is different for different types
of wealth.
Non- The contract of sale is in which seller gives the thing sold, and receives
Commutative the no price or remuneration in return. Opp. to Commutative.
A B C D E F G H I J K L M N P Q R S T U W Z
Madinah The second holiest city in Islam located in the Kingdom of Saudi Arabia.
Makkah The first holiest city in Islam located in the Kingdom of Saudi Arabia and
the birth place of Prophet Muhammad (pbuh).
Mal Wealth, money, property; any valuable thing which can be possessed.
Maqsad The purpose or ultimate wisdom behind a law or legal ruling. The general
objectivs of Islamic law, Shari'ah.
Mecca See Makkah [The first holiest city in Islam located in the Kingdom of
Saudi Arabia and the birth place of Prophet Muhammad (pbuh)]
Medina See Madinah [The second holiest city in Islam located in Kingdom of
Saudi Arabia]
Mezzanine Debt A hybrid of debt and equity financing that is is typically used to
finance the expansion of existing companies.
Milkiyyah Ownership.
Mirath Inheritance.
Mudarabah (1) A profit-sharing partnership whereby the investor or capital provider (Rab
al Mal) provides 100% the capital to another party: investment
manager/entreprenuer (the Mudarib) to undertake a business or
investment activity. Profit is shared between the parties on a pre-agreed
ratio, Loss is borne by the investor (the provider of capital) only. The
Mudarib loss is the expected share of income for the efforts put into the
business or investment activity. The provider of capital has no control
over the management of the business or investment activity.
Mudarabah (2) A form of business partnership contract in which one party brings capital
and the other personal effort to undertake a business enterprise, as
manager or entrepreneur. Mudarabah is mostly translated in English as
profit and loss sharing. There is no loss sharing in a Mudarabah contract.
Profit and loss sharing a is more accurate description of the Musharakah
contract. The Mudarabah contract may better be represented by the
expression profit sharing. The proportionate sharing in the profit is
determined by mutual agreement; the loss, if any, is borne only by the
owner of the capital, in which case the entrepreneur gets nothing for
the labour put in. The capital provider or financier is known as ‘rabal-
maal’ and the entrepreneur as ‘mudarib’. In the Islamic Jurisprudence,
different duties and responsibilities have been assigned to each of these
two.
Mudarib As a matter of principle the owner of the capital does not have a right to
interfere in to the management of the business enterprise which is the
sole responsibility of the manager/entrepreneur. However, the capital
owner has every right to specify such conditions that would ensure better
management of the capital invested. That is why sometime Mudarabah is
also referred as sleeping partnership.
Mufti Islamic banks practice Mudarabah in its both forms. In case of individual
Mudarabah an Islamic bank provides finance to a commercial venture run
by a person or a company on the basis of profit sharing. The joint
Mudarabah may be between the investors and the bank on a continuing
basis. The investors keep their funds in a special fund and share the
profits without even the liquidation of those financing operations that have
not reached the stage of final settlement. Many Islamic Investment Funds
operate on the basis of joint Mudarabah.
Mujtahid Legal expert, or a jurist who expends great effort in deriving a legal
opinion or interpreting sources of the law.
Muqawala A contract whereby one of the parties thereto undertakes to make a thing
or to perform work with a consideration which the other party undertakes
to provide.
Murabaha (1) Lit.: sale on mutually agreed profit. Technically a contract of sale in which
the seller declares his/her cost and profit. This is widely adopted as a
mode of financing by a number of Islamic banks. As a financing
technique, instead of lending money on interest, bank purchases goods
desired by the client from a third party (instead of granting a loan) and
resells it to the client at a predetermined mark-up on the original cost.
Also termed as Cost-plus financing. By paying the higher price to the
bank, the client has effectively obtained credit without paying interest.
Some have questioned the legality of this financing technique with mark-
up on cost because of its similarity to riba or interest. Also see
Murabaha Mu'ajjal.
Murabaha (2) Cost-plus financing - a contract sale between the financier or bank and its
client for the sale of goods at a price which includes a profit margin
agreed by both parties. As a financing technique, it involves the financier
or bank purchasing goods required by the client. The goods are then sold
to the client with a mark-up. Repayment, usually in instalments is
specified in the contract. Some have questioned the legality of this
financing technique with mark-up on cost because of its similarity to riba
or interest.
Murabaha (3) Mark up or Cost plus financing. The word Murabaha is derived from the
Arabic word Ribh that means profit. Originally, Murabaha was a contract
of sale in which a commodity is sold onward at profit. The seller is obliged
to tell the buyer the original cost price and the profit mark-up. This
contract has been modified a little for application in the financial sector. In
its modern form Murabaha has become the single most popular technique
of financing amongst the Islamic banks all over the world. The Murabaha
mode of finance operates in the following way: The client approaches an
Islamic bank to get finance in order to purchase a specific commodity. An
interest-based bank would lend the money on interest to this client. The
client would go and buy the required commodity from the market. This
option is not available to the Islamic bank, as it does not operate on the
basis of interest. It cannot lend the money on interest. It cannot lend
money with zero interest rate, as it has to make some profit to be in the
business. The bank purchases the commodity on cash and sells it to the
client on an agreed profit mark-up. The client buy the commodity from the
bank on deferred payment basis. Thus, the client gets the commodity on
credit for which financing would have been required and the Islamic bank
makes some profit on the amount it has spent in acquiring the commodity
and selling it on to the client.
Musaqah A contract in which the owner of the garden/orchard shares the produce
with another person (a worker) in return for services in irrigating the
garden/orchard.
Musawamah Bargain on price, where the seller does not disclose the original cost of
the goods.
Musawamah Bargain on price, where the seller does not disclose the original cost of
the goods.
Mustahab Meritorious.
A B C D E F G H I J K L M N P Q R S T U W Z
Loans with The Council of the Islamic Fiqh Academy established by the Organisation
service charge of Islamic Conference in its third session held in Amman, Jordan from 8 to
13 Safar 1407 H (11-16 October 1986), in response to a query from the
Islamic Development Bank has resolved that it is permitted to charge a
fee for loan related service offered by an Islamic Bank. However, this fee
should be within actual expenditures and any fee in excess to actual
service related expenses is forbidden because it is considered usurious.
See Qard Hasan.
A B C D E F G H I J K L M N P Q R S T U W Z
Kafil Guarantor.
Khatar A kind of gharar. Khatar is involved if the liability of any of the parties to a
contract is uncertain or contingent, delivery of one of the goods of
exchange is not in the control of any party or the payment from one side
is uncertain.
Khiyar Lit: option, choice. The option to rescind or cancel a sales contract in
certain conditions, for example a defect in the goods. The jurists have
traditionally recognised different types of khiyar, including Khiyar alru-
yah/roy'at, khiyar al-aib/ayb,khiyar al-shart, khiyar al-majlis.
Khiyar al- An option of the buyer to cancel the contract on knowing that the seller
Ghabn has sold the goods at price far higher than the market price.
Khiyar-e-Majlis An option whereby the parties have right to withdraw from a contract so
Khiyar al-Majlis long as the parties do not leave the place of contract.
Khiyar al- An option where the seller has the right to cancel the contract if the buyer
Naqad does not make payment by a certain agreed date.
Khiyar al- Option to rescind a sale contract after physical inspection of the object of
Ro’yat sale.
Khiyar al-Shart An option to cancel a previous agreed sale within a specific number of
days.
Khiyar al-Wasf An option to be exercised due to the absence of a desired quality in the
goods.
A B C D E F G H I J K L M N P Q R S T U W Z
Jahiliyyah Lit: in the days of ignorance. The so-called pre-Islamic period. Muslaims
use the term to refer to the period just before the coming of Prophet
Muhammad (pbuh) and more generally the state of affiars which
characterised this period.
Jizyah Root meaning is compensation; the poll tax formerly paid by members of
other religious groups in a Muslim state for protection of life and property
and maintaining their own customs - Muslims on the hand had to pay
Zakat as part of their religious obligation to help the poor and needy.
Jua’lah Rendering a service against a reward; service Fee. Lit: stipulated price for
performing any service. Performing a given task for a prescribed fee in a
given period. Technically applied in the model of Islamic banking by
some. Bank charges and commission have been interpreted to be ju'alah
by the jurists and thus considered lawful. Also known as Ju'l,J u'ala.
Some Islamic Banks give loans with service charge. The Council of the
Islamic Fiqh Academy established by the Organisation of Islamic
Conference in its third session held in Amman, Jordan from 8 to 13 Safar
1407 H (11-16 October 1986), in response to a query from the Islamic
Development Bank has resolved that it is permitted to charge a fee for
loan related service offered by an Islamic Bank. However, this fee should
be within actual expenditures and any fee in excess to actual service
related expenses is forbidden because it is considered usurious. The
service charge may be calculated accurately only after a certain period
when all administrative expenditure has already been incurred e.g. at the
end of the year. Hence, it is permissible to levy an approximate charge on
the client, then, reimburse or claim the difference at the end of the
accounting period when actual expenses on administration become
precisely known.
A B C D E F G H I J K L M N P Q R S T U W Z
Ibnu Sabil "Lit.: ibnu sabil is an expression for musafir. Musafir are people who are
travelling. Although an ibnu sabil has living means, the person can
receive zakat in case of problems in accessing provisions during
travelling."
Ibaha Lit: permissibility. Ibaha refers to the rule that every economic transaction
is mubah (permissible) unless expressly and specifically forbidden by the
Shari’ah.
Ihsan Carrying out noble deeds to the creatures of Allah without expecting any
worldly rewards from them but doing it for the pleasure of Almighty God.
Also Al-Ihsan.
Ijarah (1) Lit: letting on lease. Technically, sale of a definite usufruct in exchange for
a definite reward. Commonly used for wages, it also refers to a contract of
land lease at a fixed rent payable in cash. It is contrary to "Muzarah"
when rent is fixed as a certain percentage of the produce of land. It also
refers to a mode of financing adopted by Islamic banks. It is an
arrangement under which an Islamic bank leases equipment, a building or
other facility to a client against an agreed rental. The rental is so fixed
that the bank gets back its original investment plus a profit on it.
Ijarah Sukuk A Sukuk (Islamic bond) having Ijara as an underlying structure. See
Sukuk and Ijarah.
Ijarah A lease ending in the transfer of the ownership to the lessee in such a
Muntahia-bi- way that the lease and sale are kept separate and independent
tamleek transactions. Use of the this term for leasing is better known as ljarah wa
iqtina, as the latter tends to give the impression that the Ijarah and the
sale are working side by side when actually they have to be two separate
deals to fulfil the Shari'ah requirement. See ljarah wa iqtina.
Ijarah Mausufah bi Zimmah (a) An unidentified unit of asset is leased in
the form of a forward lease. (b) A lease contract where the lessor
undertakes to provide a well-defined service or benefit without identifying
any particular of assets rendering the related service. Of a unit of the
asset is destroyed, the contract is not terminated and the lessor provides
another such unit.
Ijarah Thuma Leasing to purchase. The principle governing an Ijarah contract that
Bai allows the lessee (the bank client) to purchase the leased asset for an
agreed price though a separate purchase contract.
ljarah wa iqtina Lease and purchase transaction. Like Ijara, except that it is pre-agreed
that at the end of the lease period the client will purchase the leased
asset from the bank, after all rental fees are paid for the length of the
lease period. The lease rentals include a part of the purchase price so
that at the end of the lease period the bank gets back its principal sum
along with some pre-determined profit. At the end of the lease period, the
leased asset is often sold to the client for a nominal value. As a mode of
financing by way of hire-purchase, adopted by Islamic banks but different
from conventional hire-purcahse. Under the agreement an Islamic bank
purchases an asset such as an equipment giving it on lease against
payment of agreed rentals together with an undertaking or promise that
the ownership will be transferred to the lessee; the undertaking or
promise does not become part of the lease contract to make it
conditional. Ownership is transferred through a separate contract of sale
or gift. Also termed as Ijarah Muntahia-bi-tamleek.
Ijarah with The principle is used for home purchased or Islamic mortgages.
Diminishing Combining Ijarah with Diminishing Musharakah allows the bank or lender
Musharakah and the client enter into an agreement to jointly purchase a house, the
client pays rentals for the use of the bank's share along with an additional
payment towars purchase of the bank's share. Over time, the bank's
share is reduced and is gradually acquired by the client. When the bank's
share is fully acquired, the bank transfer the ownership to the client. This
principle may also be used to acquire any other asset.
Insurance Pooling of risks and many individuals and business entities and
transforming them to an insurer/insurance company or a large group in
return for payment of a premium.
Islah Reform
Islam "The Arabic term 'Islam', meanining submission, which dictates that a
believer submit to the will of Allah, conforming inwardly and outwardly to
His laws.The word islam is also derived from the word silm which means
peace."
Islamic Financial services that comply with the requirements of the Shari'ah.
banking While desinged to meet the requirements of the Shari'ah, Islamic banking
is not restricted to Muslims; both the financial services provider and the
client can be non-Muslims so long as they agree to abide by the
requirement of the Shari'ah. Synonym with Islamic finance or Islamic
financial services.
Istijar Hiring, renting; another term less frequently used for Ijarah.
A B C D E F G H I J K L M N P Q R S T U W Z
Hadiah Donation.
Hajj Pilgrimage to Makkah combined with other holy places. Hajj, the fifth pillar
of Islam, is a duty on every Muslim who is financially and physically able
to carry it out, at least once in his/her lifetime.
Halal That which is permissible by the Shari'ah, valid earnings. The concept of
halal has spiritual overtones. In Islam there are activities, professions,
contracts and transactions which are explicitly prohibited (haram) by the
Qur'an or the Sunnah. Barring them, all other activities, professions,
contracts, and transactions etc. are halal. This is one of the distinctive
features of Islamic economics vis-a-vis Western economics where no
such concept exists. In Western economics, all activities are judged on
the touchstone of economic utility. In Islamic economics, other factors,
mostly ethical and moral are also involved. An activity may be
economically sound but may not be allowed in the Islamic society if it is
not permitted by the Shari'ah.
Hawalah Lit.: transfer; technically, a contract that allows a debtor to pass on the
responsibility of payment of his/her debt to a third party who owes the
former a debt. Thus the responsibility of payment is ultimately shifted to a
third party. It also refers to the document by which the transfer takes
place, such as a bill of exchange, promissory note, cheque or draft.The
mechanism of Hawalah is used for settling accounts by book transfers
without the need for physical transfer of cash.
Hila A forbiden structure used for the purpose of attaining a desired legal
outcome or achieving legitimate ends. A transaction which appears
permissible, but is in fact structured in an un-islamic way. Ruses, tricks
and devices used in transactions to circumvent the basic prohibitions.pl.
Hiyal.
Hisbah A term used by the classical Muslim jurists to describe the function
carried out by the state or appropriate Islamic authority to regulate the
market place. It includes whatever steps may be needed in order to
maintain a fair and orderly market place.
Hukum In Fiqh, the Shari'ah ruling associated with any action; rules, provisions
and laws includes Allah's command's/norms/values for individual believer.
Husah Lit: pebbles. A type opf sale that was prctices by the Arabs in the
Jahiliyyah in which the sale was dterminted by casting of pebbles. This
practice was prohibited by Prophet Muhammad (pbuh) because of the
uncertainty (gharar) which characterised the contract which governed it.
A B C D E F G H I J K L M N P Q R S T U W Z
Garam Damage, Loss, as in Takaful.
Gharar (1) Lit: uncertainty, hazard, chance or risk. Technically, sale of a thing which
is not present at hand; or the sale of a thing whose consequence or
outcome is not known; or a sale involving risk or hazard in which one
does not know whether it will come to be or not, such as fish in water or a
bird in the air. It is an exchange in which one or more parties stand to be
deceived through ignorance of an essential element of the exchange.
Thus it refers to an element of absolute or excessive uncertainty in any
business or contract. Gambling (qimar) is a form of gharar because the
gambler is ignorant of the result of the gamble. (gharar one of the three
fundamental prohibitions in Islamic finance, the other two being riba and
maysir). The Hanafi school of Islamic jurisprudence defined gharar as
"that whose consequences are hidden." The Shafi' school defined gharar
as "that whose nature and consequences are hidden" or "that which
admits two possibilities, with the less desirable one being more likely."
The Hanbali school defined it as "that whose consequences are
unknown" or "that which is undeliverable, whether it exists or not." Ibn
Hazn of the Zahini school wrote "Gharar is where the buyer does not
know what he bought, or the seller does not know what he sold.'
Gharim A debtor who does not possess the fund with which to repay his/her debt.
According to the Hanifi jurists, a gharim is one who whose funds, after
repayment of his debt, would not to equal the nisab. The Shafi and Maliki
jurists divide gharim into two types: i) those whose debts were incurred in
their own benefit and 2) those whose debts were incurred benefiting
others. The gharimun (pl. for gharim) are one of the eight groups
mentioned in the Qur'an as legitimate recipients of the Zakat funds.
A B C D E F G H I J K L M N P Q R S T U W Z
Falah Success, to thrive. Technically, it implies success both in this world and in
the Hereafter (Akhirah).
Faraid The section of Islamic law that deals with the distribution of the estate of a
deceased persons among his/her heirs accordance with Allah's decree in
the Qur'an and the Hadith.
Faqih Jurist who gives rulings on various juristic issues in the light of the Qur’an
and the sunnah.
A B C D E F G H I J K L M N P Q R S T U W Z
A B C D E F G H I J K L M N P Q R S T U W Z
Darura Necessity, overriding necessity. Adopting a ruling, even one that may
contravene a Shari’ah rule, when one is compelled by extreme necessity,
usually life or death (Usually used for the “Doctrine of Necessity,”
whereby something otherwise prohibited becomes temporarily
permissible)
Dayn Debt. A dayn comes into existence as the result of any contract or credit
transaction.
Deen It refers to a complete code of life prescribed in Islam.
Dinar Currency in the form of gold coins that was used in the past. The term is
still used in some Muslim countries, like Iraq.
Dirham Name of a currency unit, usually a silver coin, used in the past in several
Muslim countries. The term is still used in some Muslim countries, such
as Morocco and United Arab Emirates.
Dunya This "world". Dunya literally means 'closer' or 'lower. Life in this world
temporal world - and its earthly concerns and possessions.
Duyoon Haalah Dayn / Debts that have become due or can be called back at any time.
Duyun Time of payment settled between the creditor and the debtor and the debt
Mu’ajjalah is not yet due.
Commodity
See Murabaha, commodity
Murabaha
Cost-plus
See Murabaha.
Financing
A B C D E F G H I J K L M N P Q R S T U W Z
Bai bithaman ajil This contract refers to the sale of goods on a deferred payment
basis. Equipment or goods requested by the client are bought by the
bank which subsequently sells the goods to the client an agreed
price which includes the bank's mark-up (profit). The client may be
allowed to settle payment by instalments within a pre-agreed period,
or in a lump sum. Similar to a Murabaha contract, but with payment
on a deferred basis.
Barakah Blessing.
Bay'al ayan Sale of tangible objects such as goods (as opposed to sale of
services or rights).
Bay al-dayn Sale of debt. According to a large majority of fuqaha’, debt cannot be
sold for money, except at its face value, but can be sold for goods
and services.
Bayu al-ghararg Trading in risk, where the Arabic word gharar is taken to mean "risk".
Bay-al Inah Also known as Bai ah Inah. Buying an object for cash then selling it
to the same party for a higher price whose payment is deferred so
that the purchase and sale of the object serves as a ruse for lending
on interest. At a later date, the bank will repurchase the asset and
pay the client in cash terms. Similar to tawarruq however in
tawwaruq a third party is involved as an intermediary.
Bay al-kali bil kali A sale in which both the delivery of the object of sale and the
payment of its price are delayed. It is similar to a modern forward
sale contract.
Bay al-mudaf A sales contract in which delivery of both the commodity and the
payment is deferred - for example forward sales in modern times.
Such contracts are not permitted by the Shari'ah.
Bay bi thaman al-ajil Another term used for Bai Mu'ajjal.
Batil Null and void. Invalid sale or contract. One that does not fulfil the
conditions relating to offer and acceptance, subject matter or the
consideration and possession or delivery of the subject matter or
involves some contravention of the Shari'ah, such as the
involvements of riba, gharar or qimar. Also termed as Aqd Batil and
Bai Baatel. Opp. Sahih.
A B C D E F G H I J K L M N P Q R S T U W Z
Adl A general term which conveys the meaning of justice, equity and fairness.
Al-Ghurm bil The principle that one is entitled to a gain only if one agrees to bear the
Ghunm responsibility for the loss. Earning profit is legitimised only by risk-sharing
and engaging in an economic venture. This provides the rationale and the
principle of profit-sharing in Shirkah (partnership) arrangements.
Al-kharaj bil Link of exposure to risk, one can claim profit only if one is ready to bear
daman the business risk, if any. The principle in Islamic jurisprudence that
entitlement to return or yield (al-kharaj) is for the one who bears the
liability (daman) for something, say an asset, and one who does not bear
the liability has no claim to the yield.
Allah The name for God in Islam. The concept of Allah, is the only real supreme
being, all-powerful and all knowing Creator, Sustainer, Ordainer, and
Judge of the universe. Islam puts a great emphasis on the
conceptualisation of God as strictly singular (tawhid). God is unique
(wahid) and inherently one (ahad), all-merciful and omnipotent. Islam
teaches that Allah is the same God worshiped by the members of other
Abrahamic religions such as Christianity and Judaism.
Amil Literally it means worker. One who performs a task, an agent. One who
deserves compensation for performing a task, such as the mudarib
(manager) in a mudarabah contract or a zakat collector.However, in Fiqh
it also refers to the working partner in mudarabah contract. Under this
contract, one partner provides the capital and the other provides the
labour who is called amil or mudarib.
Amin One who holds honestly the trusts of other people; trustworthy.
Ariya Loan, which means to give any non-fungible commodity to another for
use, without taking any return for its use.
Amwal Plural of Mal which means worldly possessions including both property
and money (wealth).
Aqd Lazim A contract in which none of the parties has a unilateral right to revoke it
without the consent of the other(s).
Aql Intellect.
Arbun A non-refundable down payment or deposit paid by a buyer for the right to
purchase goods at a certain time and certain price in future; if the right is
exercised, it becomes part of the purchase price. If the buyer does not
complete the purchase or backs out for any reason, the seller has the
option to forfeit the deposit. Also known as Urboun and Bai al-Arbun
Articles
Articles written by eminent scholars and practitioners in the field of Islamic banking and
finance.