Chapter 1
OVERVIEW OF ISLAMIC FINANCE
AQIDAH
AKHLAQ
SHARIAH
IBADAT
MUAMALAT AMMAH
MUAMALAT
POLITIC
ECONOMIC
MUNAKAHAT
SOCIAL
JINAYAT
ISLAM
The word Islam is derived from the Arabic root
word SALAM which means, among other
things,
peace,
purity,
submission
and
obedience. In the religious sense the word Islam
means submission to the Will of God and
obedience to His Law. Only through submission
to the Will of God and by obedience to His Law
can one achieve true peace and be in harmony
with the created and the creator Himself.
Muslims are those who submit themselves in
obedience to Almighty God. Therefore anyone
who does not follow his or her own will but
follows the will of Almighty God is a Muslim.
MUSLIM
A person who believes in
and consciously follows
Islam is called a Muslim.
This
is
so
as
to
differentiate
a
Muslim
from followers of other
religions. The word also
from the same root word.
So, the religion is called
Islam, and a person who
follows it is a Muslim.
S L A M
2. Prayer (Salat)
5. Pilgrimage (Hajj)
Once in a lifetime, a Muslim who is financially
and physically able must go on the pilgrimage to
Mecca, Saudi Arabia, during the month of Hajj
(12th month of the lunar year). Mecca is the
spiritual center of the Muslim world. It was here
that Abraham built the first house of worship (the
Kaaba), towards which all Muslims stand in
unity in their daily prayers.
AQIDAH
Aqidah governs the principles of faith and belief in Islam. It is
derived from the word aqad which means tie or knot. Aqidah
from an Islamic point of view means strong beliefs in the heart
of the person to Allah the Almighty and His Prophet,
Muhammad p.b.u.h.
Aqidah is the main foundation in Islam and a starting point in
order to be a good muslim. It is reflected in the activities
conducted by the prophet. Prophet Muhammad describes Islam
as a building whereby its foundation is Aqidah.
AKHLAQ
Akhlaq defines the Islamic ethical code as it relates to personal
conduct. It covers all aspects of Muslim behaviour, attitude,
work ethics by which he performs his practical actions. Akhlaq
in Islam consists of the relationship between man and man,
man and Allah, and man and others.
In other words, akhlaq is based on the submission of Muslim to
Allah and the attitude of prophet Muhammad as a role model
to all Muslims.
To summarise, akhlaq concern the behaviour, attitude, works
ethics by which a Muslim performs his practical action.
To channel financing
Banking functions
during
the Prophet era
To accept deposits
To transfer money
First Phase:
Setting up of Bank Islam Malaysia Berhad in
1983 Bank Islam was given a grace period of
10 year (1983-1993) to operate without
competition in order to:
(i) protect its growth and development,
and
(ii) to create as many products as
Second
Phase:
possible.
Increase Islamic Banks or Embark on Dual
Banking In 1993, Bank Negara Malaysia has
allowed and even encouraged conventional
banking institutions to offer Islamic banking
products and services.
Malaysia is one of several countries in the
world that have implemented dual banking
system.
Avoidance
of
riba
(interest
element),
ii. Prohibition of gharar (uncertainty,
risk, speculation),
iii. Focus
on
halal
(religiously
permissible) activities, and
iv. A general quest for justice and
other ethical and religious goals.
2. Hajiyyat (Conveniences):
This category comprises all activities
and things that are not vital to the
preservation of the five foundations,
but are necessary to relieve or remove
impediments and difficulties in life.
Conveniences
promote
and
supplement the Necessities and their
neglect leads to hardship but not to
the total disruption of normal life.
3. Tahsiniyyat (Refinements):
The Refinements refer to activities and
things that go beyond the limits of
Conveniences and whose realization
leads
to
the
improvement
and
attainment of that which is desirable
such as jewellery, innocent hobbies,
politeness in behaviour and speech,
Islamic
manners
in
cleanliness,
moderation or avoiding extravagance
and etc.
1. Rabbaniyah (divine)
2. Reward in the world and
hereafter
3. Alammiyah and Ummumiyyah
4. Permanent
5. Syumul
1. Rabbaniyyah
Definition: Islam comes from Allah. Man simply
executes based on Allahs orders
Category of Rabbaniah :
1.
2.
Al-Rabbaniyyah As An Objective
Know the objective of life
To know our god by observing His creation
as a garden to plant as much as u can
Al-Rabbaniyah
2. Waqaiyyah(realistic)
Waqaiyyah is realistic.
Islamic religious teachings may be
used in daily life.
Its not heresy or a myth like the
other religions are
not so realistic.
Islamic religious teachings are used
in the life of our
day. This proved to rule our country
make the rules
using the guidelines contained in
Islam although only
a few simple rules are applied.
3. Alamiyyah
(Universal)
Definition:
The teaching of Islam is not for a certain
race or community but it is for all ummah
from all layers of society.
Alamiyyah also means:
Universal/ Suitable in the sense that the
teachings of Islam transcend across time,
space and geographical boundaries.
Applicable anywhere and anytime from
past to the present and the future.
4. Murunah (flexible)
Murunah are springy and flexible.
Islam is murunah (suitable for every
age) Islamic teaching is flexible to
everyone and can be apply anywhere
in the world.
For an example: a few decade ago
relegion of Islam has been in
existence and used until today,
regardless nations and cultures.
Islamic teching is free for all human
that live in this world.
5. Syumul
Definition:
The teaching of Islam is complete and
comprehensive.
The scope of Islam is all-encompassing with
guidance for all aspects of human life not
excluding the smallest to the biggest of
human conduct.
Syumul
The universality
of Islamic
Revelation
The sealed
messenger of God
who came to
complete the
message of his
fellow prophets
The universality
of Islamic
teaching
Aqidah
Syariah
Morality
D 2 0 2 3 F O U N D AT I O N I N I S L A M I C F I N A N C E
Chapter 2
Sources of philosophy
SOURCES OF PHILOSOPHY
2.1 Classify the sources of
philosophy
2.1.1 Identify the sources of
philosophy
Primary sources
Secondary sources
2.1.2 Describe the concept of Ijtihad
in Islamic finance.
2.1.3 Describe the legal maxims
pertinent to Islamic finance.
2.1.4 Describe the role of ijtihad
and mujtahid in Islamic finance.
2.2 Define the classification of fiqh
2.2.1 Define fiqh, fiqh al-muamalat,
usul fiqh and qawaid fiqh.
D 2 0 2 3 F O U N D AT I O N I N I S L A M I C F I N A N C E
Chapter 3
Philosophy of islamic finance
IBADAT
MUAMALAT AMMAH
MUAMALAT
POLITIC
ECONOMIC
MUNAKAHAT
SOCIAL
JINAYAT
ibadah
In terms of Islam,ibadahis the
obedience, submission, and devotion
to Allah (God) along with the ultimate
love for Him. Muslims believe
thatibadahis the reason for the
existence of all humanity. That is,
Muslims believe that all people exist
only to submit to Allah.
MUAMALAT
Muamalat is plural and the singular is
muamalah. Muamalah is from the
verb aamala literally meaning to
interact. Muamalat means
interactions or transactions.
Commercial transactions are
concluded through contracts which
are permitted by the Shariah as
evidenced by the Quran, the Sunnah
and other sources of Islamic Law.
Riba
Riba and gharar are prohibited and invalid. Riba
is usury or interest and gharar is uncertainty.
The word riba means extra or excess and riba is
divided into two main kinds namely:
riba duyun: riba is lending and borrowing, and
riba buyuu: riba is trading
Both kinds are amongst great since in Islam.
Riba is further subdivided into four kinds. Two kinds are
sub- divisions of riba duyun and the other two are subdivisions of riba buyuu:
1. Riba in Lending and Borrowing are:
1.1 Riba qardh i.e. riba is imposed from
the beginning.
1.2 Riba jahiliyah i.e. there is no riba at
the beginning; riba is only imposed
after default.
Ribawi Materials
Ribawi materials are divided into two
bases and under each basis are the
different kinds as follows:Basis Basis
Media of Exchange Foodstuffs
Gold : 916,835, 750
Silver
RM
Grains
Rice : Bathmati, A1
Wheat
Corn
Meats
Beef : Australian, local
Mutton
Chicken
Fishes
Ibadah
The word ibadah is derived from abd which means servant
and slave. Therefore the meaning of ibadah is servitude
and slavery. It is concerned with the practicalities of
worship to Allah, in the context of the relationship between
man and his Creator. The rules of ritual purification, prayer,
pilgrimage, fasting, war (jihad) and some other form of
worship are dealt with under this heading. Most of these
rules deal with the rights owed to Allah by the individuals
alone or by the community as a whole.
Muamalah Ammah
Present a framework for conduct in the civil arena. It is concerned with
the practicalities of a persons daily life, in the context of relationship
between man and man, and other creatures which include animal, plant
and non-living things.
area deals with marriage, divorce, inheritance, guardianship
Munakahat:This
and related matter.
Jinayat:
Muamalat:
Conduct related with offences against the human body and tort
are called jinayat. The term jinayat also used for torts when the
offence falls under ghasb (usurpation, misappropriation) and
italf (destruction of property)
Conduct that cover human activities related to business, trade
and efforts in accumulating wealth and means or activities
related to economic development, in three areas:
-political
-economic
-social
1. Major Gharar
In general terms major gharar is:
- an uncertainty which is so great that it
becomes unacceptable, or
- it is so vague that there is no means of
quantifying it.
More specifically major gharar arises out of one of
the following:
Relating to buyer or seller:
- Buyer or seller is not capable of taking responsibility
not of majority age, or
drunk
- Buyer or seller is prohibited from disposing of his
property:
declared bankrupt, or
declared prodigal
- Buyer or seller is coerced.
Relating to asset:
- asset or property does not exist
- asset or property is not free from
encumbrances or
- asset or property is not specific or not
according to its specifications.
Relating to price:
- Price not mentioned in absolute amount,
- Two prices in one contract , or
- Mention of ibraa in absolute amount or
percentage of selling price
Relating to contract:
- Contract is conditioned (in sale)
- Contract is not expressed in an absolute and
decisive language (with shall, will or agree to)
2. Minor Gharar
- Minor gharar or minor uncertainty is
forgiven.
- Contracts involving minor gharar are
permissible and valid.
- In contracts involving minor gharar
the
gharar is taken into consideration in
arriving at the price.
Maisir (gambling)
Gambling is betting or charging
something that will be forfeited if one
fails to obtain the greater gain that
one hopes for.
Speculation is not gambling. Some
jurists say that speculation is
prohibited, but contracts involving
speculation are still valid.
D 2 0 2 3 F O U N D AT I O N I N I S L A M I C F I N A N C E
Chapter 4
Money and profit in islam
D 2 0 2 3 F O U N D AT I O N I N I S L A M I C F I N A N C E
Chapter 5
Ethics in islamic finance