A Glance on Islamic Finance Abdul Samad AlHuda Centre of Islamic Banking & Economics (CIBE)

Rulings In Islam These 5 primary objectives followed by Shariah can be observed though the Al Ahkam (rulings) upon which Fiqh (Islamic Jurisprudence) rotate around. The rulings are categorized as follows: a. Wajib (obligatory) e. Haram (unlawful) b. Mustahab (recommended) (Sunnat) c. Mubah (permissible) d. Makruh (disliked)

Rulings Wajib- An obligatory action or something that shall be performed. Anyone who left it is liable to gain the punishment of Allah s.w.t. in the Here after as well as a legal punishment in this world. Haram- An unlawful action or the one that shall not be performed and is strictly prohibited. Anyone who engages in it is liable to gain the punishment of Allah s.w.t. in the Here after as well as a legal punishment in this world. Mustahab- A recommended action or something that should be performed. Mubah- A permissible action or something that is neither encouraged nor discouraged. Makruh- A disliked action or something which is abominable and should be avoided but not in strictly prohibitory terms.

Islam and Shariah

Human Financial Needs

External (Equity & Debt) Financing Equity Financing Debt Financing Uqud al-Ishtirak (Contracts of Profit Sharing ) Uqud al-Muawadhat (Deferred Contracts of Exchange) Al-Mudarabah (Trustee Profit Sharing) Al-Bai’ Bithaman (Mu)Ajil (Deferred Installment Sale) Al-Musharakah (Joint Venture Profit Sharing) Bai’ al-Murabaha (Cost Plus Profit Sale) Others Al-Ijarah (Leasing) Bai’ al-Salam (Commodity Sale) Bai’ al-Istisna’ (Sale on Order) Equity Market Debt Market

Why Islamic Finance? The body which is promoted by Hiram sources is bound to hellfire. On the Day of Judgment, a person will not be moved from the place where he stands until he is asked about the sources of his income and the way he spent it. Purifying the needs of life (food, drink, clothes house etc) is one of the most important reason for the acceptance of prayers by Allah.

Main Objective of Islamic Finance The main objective of Islamic finance is to clean the income of Muslims from Muhurramat.

Most Important Islamic Teaching Related To Business Elimination of Interest (Riba) The prohibition of uncertainty (Gharar) The prohibition of Gambling (Qimar) The precipitation of games of chance (Maser) Honesty and Fair Trade (Ghishsh and Khilabah) Spending in the Good Cause Buy Back Two Mutually Conditional Contract Entitlement to profit depends on liability for risk

Interest Interest, Usury, or Riba is forbidden in almost all major religions of the world e.g. Judaism Christianity Islam

Riba in Quran God has permitted trade and forbidden interest….” (The Cow – Sura Al-Baqara 2:275) O believers, fear Allah, and give up what is still due to your from the interest (usury), IF [indeed] you are true believers[!!!]. If you do not do so, then take Notice of War from Allah and his Messenger. But, if you repent, you can have your principal. Neither should you commit injustice, nor should you be subjected to it.” (The Cow – Sura Al-Baqara 2:278-9)

Riba in Quran (Related in context to 2:278) The only reward of those Who make War upon Allah & his Messenger, and strive after corruption in the land, will be that they will be Killed Or, Crucified, Or, have their Hands and Feet on alternate sides Cutoff, Or, will be Expelled out of the land. Such will be their degradation in the world, and in the hereafter, theirs will be an terrible doom.” (Quran: The Table Spread - Al-Maida Chapter 5: Verse 33)

Riba in Hadith The Prophet cursed the receiver and the payer of interest, the one who records it and the witnesses to the transaction and said: “They are all alike (in guilt).” (Sources: Jabir Ibn Abdullah, Muslim, Tirmidhi, Musnad Ahmed

Riba in Hadith The Prophet said: “Riba has seventy segments, the least serious being equivalent to a man committing adultery with his own mother.” (Sources: Aby Hurayrah, Ibn Majah)

RIBA

The prohibition of uncertainty (Gharar) There are strict rules in Islamic finance against transactions that are highly uncertain or may cause any injustice or dishonesty against any of the parties.  The concept of Gharar has been broadly defined by the scholars in two ways. First, Gharar implies uncertainty. Second, it implies dishonesty.

Classical Examples of Gharar Selling goods that the seller is unable to deliver Selling known or unknown goods against an unknown price, such as selling the contents of a sealed box   Selling goods without proper description, such as shop owner selling clothes with unspecified sizes   Selling goods without specifying the price, such as selling at the 'going price'   Making a contract conditional on an unknown event, such as when my friend arrives if the time is not specified   Selling goods on the basis of false description Selling goods without allowing the buyer the properly examine the goods The Prophet (pbuh) prohibited the pebble sale and the Gharar sale.

Qimar Qimar includes every form of gain or money, the achievement of which depends purely on luck and chance. All Lotteries and Prize schemes based purely on luck come under this prohibition. O ye who believe! Intoxicants and gambling, sacrificing to stones, and (divination by) arrows, are an abomination, of Satan’s handiwork…..: (5:90-91) He who played Qimar has disobeyed Allah and His Messenger.” (Ibn Majah )

Honesty and Fair Trade (Ghishsh and Khilabah) Thus Manipulations and Mismanagement like Hoardings Black marketing Cheating Profiteering Short weighting Hiding the defective quality of the goods are prohibited in Islamic Financial System. The prophet (PBUH) said: the truthful honest merchants are with the prophets in the Day of Judgment.

Spending in the Good Cause The Islamic economic approach is one, which is directed towards the achievement and actualization of justice in human relations. The result of this effort is falah or success and salvation, and hayah tayyibah or good life in this world and the hereafter. So Islamic banks don’t permute to establish any relation with commodities, services and individuals whose moral practices are doubtful Some people spend Allah’s wealth (i.e. Muslim’s Wealth) in an unjust manner, such people will be put in the (Hell) fire on the day of resurrection” (Bukhari and Ahmad)

Buy Back The financier sells an asset to the customer on a deferred-payment basis, and then the asset is immediately repurchased by the financier for cash at a discount.

Two Mutually Conditional Contracts Two mutually contingent contract have been prohibited by the holy Prophet (PBUH). The sale of two items in such a way that one who intends to purchase goods is obliged to purchase the other also at any given price. One sale transaction with tow prices. Combining sale and lending in one contract.

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