Browsing by Topic Muamalat contracts

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Showing results 16 to 25 of 30
  • item.jpg
  • PhD


  • Authors: Asadov, Alam I. (2018)

  • Following the U.S. Subprime Crises of 2007-08, many developed countries went into deep recession. In the literature, there are many reasons provided as probable causes of the crisis. However, it is undeniable that the flaws of the conventional financial system and home financing methods are among the important sources of the crisis. In this thesis, we argue that the damage caused by the Subprime crisis may have been avoided to a considerable extent if true profit and loss sharing (PLS) based method of financing has been applied. In that regards, we suggest an improved version of Islamic home financing called the Enhanced Musharakah Mutanaqisah (EMM).

  • Musharakah Mutanaqisah home financing_alam_zulkarnain_zaher_shinaj_shamsher.pdf.jpg
  • Journal Article


  • Authors: Asadov, Alam; Muhamad Sori, Zulkarnain; Anwer, Zaher; Shamsudheen, Shinaj Valangattil; Ramadili Mohd, Shamsher Mohamad (2018)

  • Musharakah mutanaqisah (MM) mode of Islamic financing purchase of an asset, where the bank and customer enter into a contract of joint property ownership and the customer's ownership of the asset gradually increases throughout the financing period and fully own the asset after the last financial settlement. This mode of financing was introduced to mitigate the issue of unequal risk burden of conventional mortgage financing, where the bank just provide the financing and the customer bears all risk. MM financing reflects a true partnership contract through sharing of risk and reward between both parties. Though the MM mode of financing has the salient features to address the flaws of co...

  • possibility_application_salam_Malaysian_Islamic_banking_system_aishath.pdf.jpg
  • Journal Article


  • Authors: Muneeza, Aishath; Nik Yusuf, Nik Nurul Atiqah; Hassan, Rusni (2011)

  • This research aims to explore the theoretical nature of salam contract in depth, the extent of its use in the banking arena of Malaysia and to test the theoretical feasibility of its future application by the Islamic banks in Malaysia by suggesting an Islamic banking product structure based on salam contract. Salam contract is more susceptible to risks than the rest of the Islamic commercial contracts used by the Islamic banks in Malaysia and none of the Islamic banks in the country utilize this type of contract as a mode of financing. However, the research indicates that a feasible banking product based on salam contract could be formulated to help poor farmers in the country. To pro...

  • item.jpg
  • Research Monograph


  • Authors: Abdul Razak, Shaikh Hamzah; Mikail, Said Adekunle; Bouheraoua, Said; Ahmad, Muhammad Ali Jinnah; Abdullah, Nurdianawati Irwani (2014)

  • The establishment of the Takaful and Insurance Benefits Protection System (TIPS) in Malaysia is a statutory requirement. TIPS aims to ensure financial stability, soundness and public confidence. Perbadanan Insurans Deposit Malaysia (PIDM), known internationally as the Malaysia Deposit Insurance Corporation, is the sole regulatory body entrusted with the mandate to regulate deposit insurance across the country. At the outset, its mandate was confined to banking institutions. Since 2010, however, PIDM’s role has been extended to include takaful and conventional insurance institutions. With regard to takaful, the operation of the Takaful Benefits Protection System (TBPS) and the relation...

  • qard_hasan_shariah_rules_application_Islamic_finance_najeeb_ahcene.pdf.jpg
  • Journal Article


  • Authors: Najeeb, Syed Faiq; Lahsasna, Ahcene (2013)

  • This paper provides a detailed explanation about the contract of qard (loan) as approved by Shari’ ah and analyses how it is applied in the contemporary Islamic finance industry. With regard to research mentod, it examines various Islamic banking and finance products sturctured on the principle of qard contracts and discussed the possible risks of non-Shari’ ah compliance in their structuring, and how they can be addressed and resolved. The main finding is that the issue og profiting from qard hasan contracts is very sensitive and many institutions are possibly compromising on Shari’ah compliance through use of service charges and customary hibah-giving, etc. It is significant and att...

  • reconciling_dual_banking_system_application.PDF.jpg
  • Journal Article


  • Authors: Hassan, Rusni; Muneeza, Aishath; Wisham, Ismail (2011)

  • The Islamic financial system in Malaysia has emerged as a viable and vibrant component of the overall financial system. Nevertheless, salam based Islamic Banking products are anything but popular in the context of the Malaysian banking industry, despite boasting more than 40 Islamic financial products available, ranging from retail based products to project financing. This is partially due to the misconstructions over the viability of salam contracts. These misconceptions largely discount the social value for such contracts overlooking the fact that salam based contracts bridge the gap between the financers and recipients fostering platforms for substantial economic trust, providing f...

  • reverse_salam_innovative_instrument_investment_for_accounts_yusufsaleem.pdf.jpg
  • Journal Article


  • Authors: Saleem, Muhammad Yusuf; Mahaini, Mohammad Ghaith; Kureshi, Hussain (2014)

  • This research examines the possibility of using the salam (future commodity sale) contract as a fixed deposit instrument that would help Islamic banks in mobilising deposits on the liability side of their balance sheets. It highlights the features and structure of this product—called reverse salam—and discusses the use of hedging tools to make the product more efficient and useful

  • role_khiyar_al-ayb_al-bay_bithaman_ajil_financing_saiful.pdf.jpg
  • Journal Article


  • Authors: Rosly, Saiful Azhar; Sanusi, Mahmood; Mohd Yasin, Norhashimah (2001)

  • The widespread application of al-bay' bithaman ajil (BBA) contract in the Islamic banking business today requires a serious reexamination. This is to see that the welfare of consumers is protected, which all Islamic contracts must provided for. It is made by way of making the existence of 'iwad in profit arising from BBA or murabahah transactions evidently clear. One of the component of 'iwad is the right of the buyer to annul the contract when a defect is evident in the product sold, namely Khiyar Al-'Ayb. It follows that the contract of BBA must include the provision of Khiyar Al-'Ayb as the natural right of the buying party. This paper has argued that this right was not granted b...

  • service_based_contracts_used_islamic_finance_comparison_hawalah_wakalah_kafalah_aishath.pdf.jpg
  • Journal Article


  • Authors: Mohd Suhaimi, Maryam Sofia; Md Fauzi, Maryam Syamilah; Noryatim, Nadiana; Mohd Noh, Norashikin; Shuhaimin, Nursyamimi; Jaafar, Qurratulain; Maulan, Siti Maspuah; Johan, Zati Fatini; Muneeza, Aishath (2016)

  • This paper aims to examine the use of service based contracts in Islamic Finance, namely Wakalah, Hawalah and Kafalah. These contracts, though considered secondary to primary contracts such as Musharakah and Mudarabah, are a crucial part of the foundation of Islamic Finance. The differences in each contract will be explained as well as issues on regulations, practices and procedures. Despite the fact that these concepts are widely adopted in Islamic financial products and services, little work has been done in examining the differences and applications in financial institutions. In this paper, the basic principles and rules of service based contracts will be discussed with special ref...

  • shariah_parameters_reconsidered_rosly.pdf.jpg
  • Journal Article


  • Authors: Rosly, Saiful Azhar (2010)

  • Purpose – The purpose of this paper is to explain three additional parameters, namely maqasid al-Shariah, financial reporting, and legal documentation of contract for determining Shariah legitimacy of financial instruments in Islamic financial institutions. Currently, contract (’aqd ) is the only parameter recognized by Shariah scholars at the supervisory level. Design/methodology/approach – This analysis begins with examining the pitfalls of the contract approach and proceeds to present the maqasid, financial reporting and legal documentation approaches in ascertaining absolute Shariah compliant of financial products. Findings – The paper argues that the four approaches must be...

Browsing by Topic Muamalat contracts

Jump to: 0-9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
or enter first few letters:  
Showing results 16 to 25 of 30
  • item.jpg
  • PhD


  • Authors: Asadov, Alam I. (2018)

  • Following the U.S. Subprime Crises of 2007-08, many developed countries went into deep recession. In the literature, there are many reasons provided as probable causes of the crisis. However, it is undeniable that the flaws of the conventional financial system and home financing methods are among the important sources of the crisis. In this thesis, we argue that the damage caused by the Subprime crisis may have been avoided to a considerable extent if true profit and loss sharing (PLS) based method of financing has been applied. In that regards, we suggest an improved version of Islamic home financing called the Enhanced Musharakah Mutanaqisah (EMM).

  • Musharakah Mutanaqisah home financing_alam_zulkarnain_zaher_shinaj_shamsher.pdf.jpg
  • Journal Article


  • Authors: Asadov, Alam; Muhamad Sori, Zulkarnain; Anwer, Zaher; Shamsudheen, Shinaj Valangattil; Ramadili Mohd, Shamsher Mohamad (2018)

  • Musharakah mutanaqisah (MM) mode of Islamic financing purchase of an asset, where the bank and customer enter into a contract of joint property ownership and the customer's ownership of the asset gradually increases throughout the financing period and fully own the asset after the last financial settlement. This mode of financing was introduced to mitigate the issue of unequal risk burden of conventional mortgage financing, where the bank just provide the financing and the customer bears all risk. MM financing reflects a true partnership contract through sharing of risk and reward between both parties. Though the MM mode of financing has the salient features to address the flaws of co...

  • possibility_application_salam_Malaysian_Islamic_banking_system_aishath.pdf.jpg
  • Journal Article


  • Authors: Muneeza, Aishath; Nik Yusuf, Nik Nurul Atiqah; Hassan, Rusni (2011)

  • This research aims to explore the theoretical nature of salam contract in depth, the extent of its use in the banking arena of Malaysia and to test the theoretical feasibility of its future application by the Islamic banks in Malaysia by suggesting an Islamic banking product structure based on salam contract. Salam contract is more susceptible to risks than the rest of the Islamic commercial contracts used by the Islamic banks in Malaysia and none of the Islamic banks in the country utilize this type of contract as a mode of financing. However, the research indicates that a feasible banking product based on salam contract could be formulated to help poor farmers in the country. To pro...

  • item.jpg
  • Research Monograph


  • Authors: Abdul Razak, Shaikh Hamzah; Mikail, Said Adekunle; Bouheraoua, Said; Ahmad, Muhammad Ali Jinnah; Abdullah, Nurdianawati Irwani (2014)

  • The establishment of the Takaful and Insurance Benefits Protection System (TIPS) in Malaysia is a statutory requirement. TIPS aims to ensure financial stability, soundness and public confidence. Perbadanan Insurans Deposit Malaysia (PIDM), known internationally as the Malaysia Deposit Insurance Corporation, is the sole regulatory body entrusted with the mandate to regulate deposit insurance across the country. At the outset, its mandate was confined to banking institutions. Since 2010, however, PIDM’s role has been extended to include takaful and conventional insurance institutions. With regard to takaful, the operation of the Takaful Benefits Protection System (TBPS) and the relation...

  • qard_hasan_shariah_rules_application_Islamic_finance_najeeb_ahcene.pdf.jpg
  • Journal Article


  • Authors: Najeeb, Syed Faiq; Lahsasna, Ahcene (2013)

  • This paper provides a detailed explanation about the contract of qard (loan) as approved by Shari’ ah and analyses how it is applied in the contemporary Islamic finance industry. With regard to research mentod, it examines various Islamic banking and finance products sturctured on the principle of qard contracts and discussed the possible risks of non-Shari’ ah compliance in their structuring, and how they can be addressed and resolved. The main finding is that the issue og profiting from qard hasan contracts is very sensitive and many institutions are possibly compromising on Shari’ah compliance through use of service charges and customary hibah-giving, etc. It is significant and att...

  • reconciling_dual_banking_system_application.PDF.jpg
  • Journal Article


  • Authors: Hassan, Rusni; Muneeza, Aishath; Wisham, Ismail (2011)

  • The Islamic financial system in Malaysia has emerged as a viable and vibrant component of the overall financial system. Nevertheless, salam based Islamic Banking products are anything but popular in the context of the Malaysian banking industry, despite boasting more than 40 Islamic financial products available, ranging from retail based products to project financing. This is partially due to the misconstructions over the viability of salam contracts. These misconceptions largely discount the social value for such contracts overlooking the fact that salam based contracts bridge the gap between the financers and recipients fostering platforms for substantial economic trust, providing f...

  • reverse_salam_innovative_instrument_investment_for_accounts_yusufsaleem.pdf.jpg
  • Journal Article


  • Authors: Saleem, Muhammad Yusuf; Mahaini, Mohammad Ghaith; Kureshi, Hussain (2014)

  • This research examines the possibility of using the salam (future commodity sale) contract as a fixed deposit instrument that would help Islamic banks in mobilising deposits on the liability side of their balance sheets. It highlights the features and structure of this product—called reverse salam—and discusses the use of hedging tools to make the product more efficient and useful

  • role_khiyar_al-ayb_al-bay_bithaman_ajil_financing_saiful.pdf.jpg
  • Journal Article


  • Authors: Rosly, Saiful Azhar; Sanusi, Mahmood; Mohd Yasin, Norhashimah (2001)

  • The widespread application of al-bay' bithaman ajil (BBA) contract in the Islamic banking business today requires a serious reexamination. This is to see that the welfare of consumers is protected, which all Islamic contracts must provided for. It is made by way of making the existence of 'iwad in profit arising from BBA or murabahah transactions evidently clear. One of the component of 'iwad is the right of the buyer to annul the contract when a defect is evident in the product sold, namely Khiyar Al-'Ayb. It follows that the contract of BBA must include the provision of Khiyar Al-'Ayb as the natural right of the buying party. This paper has argued that this right was not granted b...

  • service_based_contracts_used_islamic_finance_comparison_hawalah_wakalah_kafalah_aishath.pdf.jpg
  • Journal Article


  • Authors: Mohd Suhaimi, Maryam Sofia; Md Fauzi, Maryam Syamilah; Noryatim, Nadiana; Mohd Noh, Norashikin; Shuhaimin, Nursyamimi; Jaafar, Qurratulain; Maulan, Siti Maspuah; Johan, Zati Fatini; Muneeza, Aishath (2016)

  • This paper aims to examine the use of service based contracts in Islamic Finance, namely Wakalah, Hawalah and Kafalah. These contracts, though considered secondary to primary contracts such as Musharakah and Mudarabah, are a crucial part of the foundation of Islamic Finance. The differences in each contract will be explained as well as issues on regulations, practices and procedures. Despite the fact that these concepts are widely adopted in Islamic financial products and services, little work has been done in examining the differences and applications in financial institutions. In this paper, the basic principles and rules of service based contracts will be discussed with special ref...

  • shariah_parameters_reconsidered_rosly.pdf.jpg
  • Journal Article


  • Authors: Rosly, Saiful Azhar (2010)

  • Purpose – The purpose of this paper is to explain three additional parameters, namely maqasid al-Shariah, financial reporting, and legal documentation of contract for determining Shariah legitimacy of financial instruments in Islamic financial institutions. Currently, contract (’aqd ) is the only parameter recognized by Shariah scholars at the supervisory level. Design/methodology/approach – This analysis begins with examining the pitfalls of the contract approach and proceeds to present the maqasid, financial reporting and legal documentation approaches in ascertaining absolute Shariah compliant of financial products. Findings – The paper argues that the four approaches must be...