BANKING AND
FINANCE
COMPLIANCE TO THE SCHEME OF
SHARIAH L AWS
CONTENTS
SOURCES OF SHARIAH LAWS
PRINCIPLES GOVERNING OF ISLAMIC BANKING
ETHICS IN ISLAMIC FINANCIAL SYSTEM
SOURCES OF SHARIAH
LAWS
Al-Quran
Primary
Al-Hadith
Ijmak
Sources of
Shariah Laws
Maslahah
Secondary
Sadd Zariah
Urf
Siyasas
Syariyyah
AL-QURAN
The fundamental and main sources of Islamic Law from
which all other sources derive their authority
al-Quran may be defined as:
The book containing the speech of Allah, revealed to Prophet
Muhammad in Arabic and transmitted to us by continuous
testimony, or tawatir.
THE SUNNAH
Sunnah
Literally: a way or rule or manner of acting
Technically: What has been (authentically) related to us on behalf of the
Prophet { } from his sayings, actions, and tacit
approvals.
Hadith
Literally: communication, story, conversation
Technically: What was transmitted on the authority of the Prophet{
} ,his deeds, sayings, and tacit approvals, or description of
his sifaat (features).
Both cover the same ground: practice, sayings and tacit
approvals(taqrir)
IJMA
Ijma Consensus of opinion among the jurist on certain issues
and ruling
Literally:
Ijma is the verbal noun of the Arabic word Ajmaa which has two
meanings:
To determine
To agree upon something
Technically
Consensus of mujtahids (jurist) from the ummah oh Muhammad (saw),
after his death in a determined period upon a rule of Islamic law
QIYAS
Qiyas analogical deduction
Literal
Measuring or estimating on thing in terms of another
Technical
The extension of Shariah ruling from an original case (Asl) to a new case
(far) because the new case has the same effective cause (Illah) as the
original case.
SECONDARY SOURCES
OF SHARIAH LAW
Maslahah (consideration of public interest)
Making a judgment based on the principle of general benefits on matters that have no clear
nas from the Quran or the Sunnah
Islamic jurisprudence applies the maslahah in the implementation of a ruling
As such, for anything that is beneficial & necessary to general public, it would establish dalil
(indicative legal text) in form of directives
Urf (custom)
Siyasah Syariyyah
Refers to the area in Islamic jurisprudence that explains rulings related to the policies and
approaches taken in organizing the national administrative structure (and its people) in
accordance with the spirit of Shariah
Cover the issues of central and regional administration, economy, judiciary, peace,
international relations etc.
AQIDAH
(Faith &
belief)
SHARIAH
(Practices
&
activities)
AKHLAQ
(Moralities
& ethics)
IBADAT
(Man to
God
worship)
MUAMALAT
(Man to
Man
activities)
POLITICAL
ACTIVITIES
ECONOMIC
ACTIVITIES
SOCIAL
ACTIVITIES
FINANCIAL
ACTIVITIES
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It is the responsible of the Muslim to knows the rules of Allah such as rules
related with:
Man relationship with God like worship (ibadah)
Man relationship with other fellow-human like rules of marriage (Munakahat),
criminal law(jinayah), business (Muamalat), politics (Siyasah), international law
and others.
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OBJECTIVES OF
SHARIAH
Main
object
ive
Faith
Life
Intellec
t
Posterit
y
Propert
y
Dharuriyy
at (life
and
death)
Hajiyyat
(removing
hardship)
Tahsiniyya
t
(beautifyi
ng)
12
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IBADAH (WORSHIP)
Ibadah (worship) is actually the main purpose of the
creation of man on earth.
Allah mentions in the Holy Quran :
I created the jinn and humankind only that they might
worship me (51:56)
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IBADAH (WORSHIP)
Definition of ibadah
Total submission and obedient physically and mentally based on a belief that the one
whom is worshipped almighty honor and power that will induce the feeling of
degradation and affection.
Concept of ibadah
Covered all human activities physically and spiritually
Covered all worldly and Hereafter affairs
Main condition - sincere oneself in performing
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MUAMALAT
Muamalah is from the verb aamala literally meaning to interact.
Muamalat means interactions or transaction.
Commercial transactions
Through contracts which are permitted by the Shariah as evidenced by the
Quran, the Sunnah and other sources of Islamic law.
Characteristics of muamalah
Free from riba
Comply with (objectives of) shariah
Devoid of gharar (uncertainty, indeterminacy)
Free from qimar (gambling)
Free from maysir (games of chance)
Free from ghishsh (fraud)
Free from khibalah (cheating)
Entitlement to profit depends on liability for risk
Contracts based on free mutual consent
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ETHICS IN ISLAMIC
FINANCIAL SYSTEM
Tawhid
(Unity)
Ihsan
(Benevolen
ce)
Responsibil
ity
ETHICS
IN
ISLAMIC
FINANCI
AL
SYSTEM
Adl
(Equilibriu
m)
Huriyyah
(Free will)
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END OF
CHAPTER
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