Browsing by Topic Muamalat contracts

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Showing results 22 to 31 of 32
  • reconciling_dual_banking_system_application.PDF.jpg
  • Journal Article

  • Reconciling the dual banking system: application model for salam contracts in Malaysia

    • 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

  • Reverse salam as an innovative instrument for investment accounts

    • 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

  • The role of khiyar al-'ayb in al-bay' bithaman ajil financing

    • 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

  • Service based contracts used in Islamic finance: a comparison of hawalah, wakalah, and kafalah

    • 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...
  • item.jpg
  • Master

  • Shariah analysis of running musharakah product as practiced by Islamic banks in Pakistan

    • Authors: Abu Bakar, Muhammad (2018)

  • Islamic banking industry in Pakistan has been growing since its inception back in 2001. The assets and deposits of Islamic banking industry 11.9% and 13.7% respectively of overall banking industry by the end of September 2017. However, still being a small portion in overall banking industry, Islamic banks make efforts to come up with innovative products which on one hand must Shariah compliant as well as competitive with conventional products. This study discusses a specific product namely "running musharakah" which is proposed by Shaykh Taqi Usmani in 1998 for the financing of working capital and operational needs based on the concept of Shirkah al-aqd. This idea is adopted by Meezan...
  • shariah_parameters_reconsidered_rosly.pdf.jpg
  • Journal Article

  • Shariah parameters reconsidered

    • 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...
  • shariah_requirements_for_wadiah_qard_and_hiba_aishath.pdf.jpg
  • Academic Presentation

  • Shariah requirements for wadiah, qard & hibah

    • Authors: Muneeza, Aishath (2016)

  • Hibah and qard are secondary contracts used in the contemporary Islamic banking practices to fulfill different requirements arising from a primary contract used. However, Wadiah is still used as a primary concept for deposit taking and qard is also still considered as a contract that can be used as a primary concept for deposit taking.
  • some_issues_bay_al-Inah_malaysian_islamic_financial_markets_saiful.pdf.jpg
  • Journal Article

  • Some issues of bay' al-'inah in Malaysian Islamic financial markets

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

  • The contract of bay' al-'inah normally involves a sale of an asset or property by a first party to a second party for immediate or spot payment followed by an immediate sale of the same asset by the second party to the first party for a higher amount on deferred payments. The asset is by no means useful to both parties either for consumption purposes or derivation of usufruct (manfaah). Apparently this device is used to bypass the Quranic prohibition of interest as riba since the main objective of the contract involvess two consenting parties both of whom are willing to pay and receive a contractual rate of return on a loan.
  • special_legal_features_islamic_wad_pledge_comparison_conventional_law_promise_within_sphere_Islamic_finance_aishath.pdf.jpg
  • Journal Article

  • Special legal features of the Islamic wa'd or pledge: comparison with the conventional law on promise within the sphere of Islamic finance

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

  • The purpose of this paper is to theoretically assess the legal position of the Islamic doctrine of wa'd (or pledge) in relation to 'aqd (within the sphere of Islamic finance), and compare it with the conventional viewpoint, while discussing the several modes/means/usages in terms of applied Shariah. The paper utilizes a doctrinal approach to focus on the theoretical aspect of the concept while attempting to suggest practical adaptation and structuring, enabling smoother and more efficient use. The status quo was dependent on the wa'd being an operational instrument in today's world and further development in terms of bridging the understanding was the approach.
  • shariah_perspective_letter_credit_contemporary_banking_transactions_ahcene.pdf.jpg
  • Journal Article

  • The Shariah view on letter of credit in contemporary banking transactions

    • Authors: Lahsasna, Ahcene; Jaghim, Nu'man (2009)

  • This article deals with the definition, types, benefits in international trade, legality, and steps of initiating and executing Letter of Credit (LC). It discusses the questions raised about the conformity of some types of LC with the principles and criteria of Islamic law and the way to address issues related to its illegality. The article surveys the applications of LC in Islamic banks, which are based on the contracts of murabahah, mudarabah, musharakah and wakalah. It was concluded that LC can be legal in Islamic law as long as it does not involve both form and spirit credit based on usury/interest, but a financing based on real murabahah, mudarabah, musharakah and wakalah.

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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 22 to 31 of 32
  • reconciling_dual_banking_system_application.PDF.jpg
  • Journal Article

  • Reconciling the dual banking system: application model for salam contracts in Malaysia

    • 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

  • Reverse salam as an innovative instrument for investment accounts

    • 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

  • The role of khiyar al-'ayb in al-bay' bithaman ajil financing

    • 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

  • Service based contracts used in Islamic finance: a comparison of hawalah, wakalah, and kafalah

    • 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...
  • item.jpg
  • Master

  • Shariah analysis of running musharakah product as practiced by Islamic banks in Pakistan

    • Authors: Abu Bakar, Muhammad (2018)

  • Islamic banking industry in Pakistan has been growing since its inception back in 2001. The assets and deposits of Islamic banking industry 11.9% and 13.7% respectively of overall banking industry by the end of September 2017. However, still being a small portion in overall banking industry, Islamic banks make efforts to come up with innovative products which on one hand must Shariah compliant as well as competitive with conventional products. This study discusses a specific product namely "running musharakah" which is proposed by Shaykh Taqi Usmani in 1998 for the financing of working capital and operational needs based on the concept of Shirkah al-aqd. This idea is adopted by Meezan...
  • shariah_parameters_reconsidered_rosly.pdf.jpg
  • Journal Article

  • Shariah parameters reconsidered

    • 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...
  • shariah_requirements_for_wadiah_qard_and_hiba_aishath.pdf.jpg
  • Academic Presentation

  • Shariah requirements for wadiah, qard & hibah

    • Authors: Muneeza, Aishath (2016)

  • Hibah and qard are secondary contracts used in the contemporary Islamic banking practices to fulfill different requirements arising from a primary contract used. However, Wadiah is still used as a primary concept for deposit taking and qard is also still considered as a contract that can be used as a primary concept for deposit taking.
  • some_issues_bay_al-Inah_malaysian_islamic_financial_markets_saiful.pdf.jpg
  • Journal Article

  • Some issues of bay' al-'inah in Malaysian Islamic financial markets

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

  • The contract of bay' al-'inah normally involves a sale of an asset or property by a first party to a second party for immediate or spot payment followed by an immediate sale of the same asset by the second party to the first party for a higher amount on deferred payments. The asset is by no means useful to both parties either for consumption purposes or derivation of usufruct (manfaah). Apparently this device is used to bypass the Quranic prohibition of interest as riba since the main objective of the contract involvess two consenting parties both of whom are willing to pay and receive a contractual rate of return on a loan.
  • special_legal_features_islamic_wad_pledge_comparison_conventional_law_promise_within_sphere_Islamic_finance_aishath.pdf.jpg
  • Journal Article

  • Special legal features of the Islamic wa'd or pledge: comparison with the conventional law on promise within the sphere of Islamic finance

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

  • The purpose of this paper is to theoretically assess the legal position of the Islamic doctrine of wa'd (or pledge) in relation to 'aqd (within the sphere of Islamic finance), and compare it with the conventional viewpoint, while discussing the several modes/means/usages in terms of applied Shariah. The paper utilizes a doctrinal approach to focus on the theoretical aspect of the concept while attempting to suggest practical adaptation and structuring, enabling smoother and more efficient use. The status quo was dependent on the wa'd being an operational instrument in today's world and further development in terms of bridging the understanding was the approach.
  • shariah_perspective_letter_credit_contemporary_banking_transactions_ahcene.pdf.jpg
  • Journal Article

  • The Shariah view on letter of credit in contemporary banking transactions

    • Authors: Lahsasna, Ahcene; Jaghim, Nu'man (2009)

  • This article deals with the definition, types, benefits in international trade, legality, and steps of initiating and executing Letter of Credit (LC). It discusses the questions raised about the conformity of some types of LC with the principles and criteria of Islamic law and the way to address issues related to its illegality. The article surveys the applications of LC in Islamic banks, which are based on the contracts of murabahah, mudarabah, musharakah and wakalah. It was concluded that LC can be legal in Islamic law as long as it does not involve both form and spirit credit based on usury/interest, but a financing based on real murabahah, mudarabah, musharakah and wakalah.