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Culture Documents
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4
What is Shariah?
• Literally means ‘path to watering place’
• Technical meaning
– Path to tread for guidance in this world
– Commands, prohibitions, values prescribed by Allah
for His slaves either through Al-Quran or As-Sunnah
(the teachings of the Prophet Muhammad s.a.w.)
• Normally, the Sharī’ah is described as ‘Islamic Law’. But
the boundaries of Sharī’ah extend beyond the limited
horizons of law (Sardar 2003).
• Sharī’ah is a set of norms, values and laws that go to
make up the Islamic way of life (Ahmad 2003). According
to one observer, the Sharī’ah is the “epitome of Islamic
thought, the most typical manifestation of the Islamic
way of life, the core and kernel of Islam itself” (See in 5
Schact (1964)).
ISLAM
& Components of Shariah
Ibadah Muamalah
(Human with Creator) (Human with human)
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What is Maqasid As-Syariah?
• It outlines the objectives and wisdom
(hikmah) as prescribed by Shariah (Allah
& His Prophet s.a.w.) in all its rulings to
protect and preserve the benefits and
interests (maslahah) of society.
• What is Maslahah?
– is the benefits or interests which are deemed
necessary from Syariah perspectives to
protect and preserve the five darurah. (Al-
Mansul, Fakhruddin Ar-Razi, p.24)
8
وﻣﺎ ارﺳﻠﻨﺎك إﻻ رﺣﻤﺔ ﻟﻠﻌﺎﻟﻤﻴﻦ
“And We have sent you (O Muhammad) not
but a mercy to the whole universe”
(Al-Ambiya:107)
Alleviate Hardship Eliminate Prejudice
Justice
Maqasid as-Shariah
(The Objectives of Shariah)
Religion
Wealth
Intelect
Life Posterity
Assessment on the
Assessment on the overall transactional instrument and
impact and contribution mechanism
9 Lawful Objective/Purpose
9mutual consent No Prohibited elements
No coercion,
fraud, Non-
misrepresentation Riba halal
, influence,
mistake etc. Maysi
Gharar
r
HOW TO MAKE MONEY IN ISLAM?
ﺣ ﱠﺮ َم اﻟﺮﱢﺑﺎ
َ ﷲ اﻟﺒﻴ َﻊ و
ُ واﺣ ﱠﻞ ا ﻗﺎﻟﻮُا ِا ﱠﻧﻤَﺎ اﻟ َﺒ ْﻴ ُﻊ ﻣِﺜ ُﻞ اﻟ ﱢﺮﺑَﺎ
“Allah permits trading but “They said that indeed
prohibits Riba” (2:275) trading is just like riba”
(2:275)
RIBA PROFITS
What’s WITH
NO
COUNTER-VALUE The COUNTER-VALUE
Difference? (`IWAD)
15
Profit-making Contracts
Exchange Contracts
Charitable Contracts ()ﻣﻌﺎوﺿﺎت
()ﺗﺒﺮﻋﺎت
Cooperation Contracts
()ﻣﻌﺎوﻧﺎات 16
Wadi’ah Yad Amanah;
Deposit-taking Contracts Wadiah Yad Dhamanah,
Mudarabah; al-Qard
Various forms of
Islamic BBA – deferred sale;
Contracts used Sales-based Contracts Murabahah – cost-plus
sale; Bai al-Inah, Bai al-
in Banking Tawarruq
Ijarah Wa Iqtina; Ijarah
Lease-based Contracts Thumma Al-Bai’, Ijarah
Muntahia Bitamleek
Kafalah/Dhaman
Fee-based Contracts (Guarantee); Wakalah
(agency)
Musyarakah Mutanaqisah
Promise/Undertaking Hybrid Contracts (Dimishing Partnership),
AITAB etc.
Wa`ad
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Major Components of Islamic Financial
Services
TAKAFUL/
ISLAMIC
ISLAMIC ISLAMIC
CAPITAL
BANKING INSURANC
MARKET
E
Financing Equity Takaful
Islamic
Deposit Retakaful
Securities
Funds & Unit
Investment
Trust
I-REITs
Venture Capital/
Private Equity
Derivatives
Promote Maslahah
Entitlement to
Equal, Adequate,
Freedom from Accurate Info.
Riba
Promote
Freedom from Brotherhood
Gharar
A system grounded
Freedom from on moral and
Dharar ethics
Characteristics of
Shariah-compliant Entitlement to
Freedom to Banking and Financial Transaction at
Contract Fair Price
System
Freedom from
Freedom from
Price control &
Manipulation Qimar & Maysir
Some
illustrations of
Islamic
Financial
Products
Available in
the Market
Developer/Vendo
BBA HOME r
FINANCING MODUS
OPERANDI
5. Bank pay
developer
the 90% Sales & Purchase
balance Agreement (S&P)
1. 10% 1.
down Beneficial
payment ownership
Property Sale Agreement (PSA)
3. BBA price
(deferred payment)
3. House
2. House
2. Cash price
(90% balance)
BANK Property Purchase Agreement (PPA) Customer
Tawarruq Model of Home Financing
4.Property
4.RM200,000
Customer
Property
Owner/Developer
t r ical 2.RM350,000
lec s Deferred
3.RM200,000 3.E liance
App
2.Electrical
Appliances
1.RM200,000
1.Electrical
Appliances worth
RM200,000
Electrical Appliances
Wholesaler
Musyarakah Mutanaqisah
(Modus Operandi)
Bank leases its 90% share of
property to customer
90% 10%
0% 100%
70 70%
Client
US$ 1 Million on
spot
Broker B Islamic Bank
Engage in Istisna’
construction
Arrangement
(1) Lessor is the beneficial owner of the
vessel and the lessee is the registered to Construct
owner and operator of the vessel
Ship Builder
(2) Lessor will lease its beneficial interest in Vessel
the vessel
Forward Lease Agreement
ORPHAN SPV
(Mudarib/Purchas
er/ Lessor
Istisna’ Agreement
Seller/Lessee (1) Purchaser and the Seller agree that the
Seller will build the Vessel Mudarabah
(2) Purchaser agrees to pay the Istisna’ cost as Agreement
the price for the Seller per forming the works
(3) Seller agrees to sell by way of Istisna’ to
Purchaser its beneficial interest in the constructed
Vessel and Purchaser agrees to purchase the
constructed vessel for the Istisna; cost. Financier
(Rabbul-Maal)
BASIC
No Claim
MECHANISM
Profit OF
Premium INSURANCE
Compensation
Calamity
Why is conventional insurance not Shari’ah-
compliant?
• Element of uncertainty (gharar)
– There is uncertainty of what the insurance policy-holder is “buying” or
paying for
• If no loss occurs Ö Policy-holder receives nothing
• If loss occurs Ö Policy-holder gets compensation in varying
amounts
Premium
Insurance Insurance
Company Policy-holder
Coverage
Contribute via
Takaful Fund unilateral
contract
(tabarru’at)
Between
Among Participants
Participants and
Takaful Operator
Hybrid
MODUS OPERANDI
(MUDARABAH MODEL)
Takaful
Participants
1st
Contribute
contract
Tabarru`
2nd Contract
1. unilateral contract
Mudarabah Takaful Funds 2. valid though no
acceptance and
consideration from
the recipient
Manage
Takaful
Participants
Manage
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In a nutshell as a Muslim, a man needs to
abide with Shariah!
Every Transactions
Must Be Shari`ah Compliant!
34
SHARIAH-COMPLIANT IS NOT
JUST ABOUT:
35
VALIDITY vs. PERMISSIBILITY
36
Financial Contract MUST be BOTH
HALAL (Permissable) & SAHIH (Valid)
Shariah-Compliant Requires
• Financial Contract to be Shariah compliant
both in terms of FORM and SUBSTANCE
• Operation to be Shariah compliant
• Islamic banking to be more ethical
• Socially Responsible
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50350 Kuala Lumpur
MALAYSIA
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