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8/16/2019 1.1 - 1.6 Intro to Islamic Fin (1) (1).ppt|
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DEFINITION,OBJECTIVE &
PRINCIPLES
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Quick definition:
Financial services specifically designed to adhere to
Islamic law or Syariah and guided by islamic economics.
According to Ibnu Abu Yusof, Ibnu Taimiyyah and Ibnu Khaldun:
“ The creation, developing and delivery of unique
customer satisfying competitive products and services at
a profit to organization and customer in the lights of
Islamic values and principles.”
Although these financial services are designed for
Muslims, they are not exclusively available to Muslims.
Nonmuslims can also provide and buy the services.
DEFINITION
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OBJECTIVES
! "o promote, foster and develop the ban#ing
finance and product based on Islamic principles.
! $esponsible for promoting the establishment of
investment companies or other business.
! %nhance economic development of Islamiccountries.
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PRINCIPLES OF
FINANCIAL SYSTEM "ransaction is based on a valid contract
&rohibition of $iba
&rohibition of 'harar
Assetbac#ed financing
$is#bearing and profit sharing
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Prohibition of RIBA
Quick Definition( )%xcess*,*Increase*, )growth*
! $efer to the +premium that must be paid by the borrower to the lender along with
the principle amount as a condition for the loan or for an extension on its maturity.
! Islamic financing is based on illi-uid assets, which creates real assets and
inventories. It does not recognie money as a sub/ectmatter of trade compared
with conventional financing that deal in money and monetary papers only. Money
has no intrinsic utility( it is only a medium of exchange
"herefore, profit earned through dealing in money is interest, hence prohibited
! Islam support contractual obligations and the disclosure of information as a
sacred duty.
! Intended to reduce the ris# of asymmetric information and moral haard.
!"ransactions in Islamic Financing 0ased on contractual agreements
between the buyer and the seller.
Transaction is based on a VALID CONTRACT
Asset-backed financin
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! Since interest is prohibited, suppliers of funds become investors instead of
creditors.
!"he provider of financial capital and the entrepreneur share business ris#s in
return for shares of the profits.
&rofit sharing 1ne party will provide capital and another party will be an
entrepreneur. "he entrepreneur will carryout business and both parties will
share the profits according to the ratios agreed but if the company losses, it
will be borne by ban#.
Risk-bearin and !rofit sharin
Quick Definition( 2ncertainty.
! $efers to something that is not completely set in stone within a contract.! Islamic financial system discourages hoarding and prohibits transactions
featuring extreme uncertainties, gambling, and ris#s.
Prohibition of "#ARAR
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SCOPE OF ISLAMICFINANCE
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$ALA%&IAN 'INANCIAL
&%&T($
Is)a*ic
Banks
Bank NegaraMalaysia (BNM)
Commercial Bank
FinanceCompanies
Foreign Banks Rep. Oces
Merc!an"
Banks
Cre#i" $%aran"ee Corp (C$C)
&isco%n"
'o%ses
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+, BANIN"
&%&T($Bank Negara
Malaysia (BNM)
CommercialBanks Ines"men"
Banks
Islamic Banks
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., NON-BAN
&%&T($
Other 'inancia)
Inter*ediaries
Insurance
Co*!anies
inc)udin
Off-shore
SaingsIns"i"%"ions
Pro/ident 0
Pension 'unds
De/e)o!*ent
'inancia)
Institutions
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1, 'INANCIAL
$AR(T
&eria"ieMarke"
Capi"al Marke"Money Marke" oreign E*c!ange
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SOURCES INISLAMIC FINANCE
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SOURCES
QUR’AN
SUNNAH
Ijma Qiyas
Isi!sa" & Isis#a! Isis!a$ U%
PRIMAR+ SECON&AR+
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PRIMARYSOURCES
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T!' Q(%’a"! Foundation of Islam, boo# of religious and moral priciples.
! 0oo# of Allah 3S.4."5 that was revealed to the &rophetMuhammad 3S.A.45 through 6ibrail 3A.S5.
! "he authenticity of the 7uran as a revelation is proven by
Allah 3S.4."5 and it represent blueprint for the Islamic wayof life.
! 'eneral contents8 Allah*s unity 3"auhid5, Allah existence,"he next life, "he people of old, Formalprayer , 9hallenges, :aws, 6ihad, and "he hypocrites.
! 7uranic field of a study8Information related to the theology 3al*a-idah5
Information related to moral sciences 3ala#hla-5
Information related to the law 3alsyariah5
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%xamples of the 7uranic verses pertaining to
economics, ban#ing, finance and trade
! Surah Ali Imran ;8<=>
! Surah Al 0a-arah ?8<@@
! Surah Al 0a-arah ?8?
! Surah At "aubah 8B>! Surah An Nisa*C8D=
! Surah Al A*raf @8?
! Surah Al A*raf @8=D
! Surah At "aubah 8;C
! Surah Al Maidah D8>
! Surah Al a*rar @8;<
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T!' S(""a!! A way of rule or manner of acting or mode of life.
3Ali,<D>5
! ; #inds of Sunnah 3Ali, <D>58 3i5 Qual or )saying* of the prophet 3S.A.45 which has a
bearing on a religious -uestion.
3ii5 i!l represent )action* or )practice* of the prophet 3S.A.45 3iii5 Taqrir or a )silent approval* of the prophet 3S.A.45 of theaction or practice of another.
! Sunnah is considered as a revelation as Allah 3S.4."5says in surah an"#a$m D;8; and C ( and surah al %&aidah D8B@
! "he &rophet 3S.A.45 was given a power andresponsibility of clarifying man#ind 'od*s intent in the
7uran.
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%xamples of the Sunnah regarding the economics,
ban#ing, finance and trade business
3<5 "he eradication of poverty
+Narrated by Abu Eurairah , the prophet 3S.A.45 used to pray +o Allah
I see# refuge from poverty , scarcity and ignominy
3?5 &rivate ownership
Aisyah reported the prophet said +whoever cultivates land which not the
property of anyone has a better title to it
! %xposition of the 7ur*an by which it generalities were clarified and
its intended meaning were specified. "he clarification include8
"he explanation of the methodology , reasons,re-uirements and locations
"he deduction of a rule and regulation
"he explanation of the inclusion which could no be
logically deduced.
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SECONDARYSOURCES
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Ijma’! I/ma* is consensus, unanimous and agreed upon opinion of the
9ompanions or of the Muslims scholars 3Mu/tahid5 on any point of
law not specified in the 7uran and the Sunnah.! "he Eadith which says , +My community will never agree upon an
error
! "he authorisation of I/ma* is based on the followings8
Surah An Nisa* C8<<>
Surah Al 0a-arah ?8<C;
Qiyas! Means )measuring by* or )comparing with* or /udging by comparisons*
3Ali,<D>5.
! "he authorisation of 7iyas is based on the followingSurah an Nisa* C8D
Surah al Easyr D8?
! %xample of 7iyas is the hu#m of producing, mar#eting, selling and
consuming )tua#* is unlawful 3haram5 based on the hu#m on #hamr , because the
prophet 3S.A.45 +every into'icant is khamr an every form of khamr is haram
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Isi!sa" a") Isis#a!! Involved the preference of an opinion over another opinion
because it appears more suitable to the situation andcircumstances
! Authorisation based on Surah al A*raf @8<C;
! %xamples of istihsan and istislah regarding the economics,ban#ing, finance and business(
"he right of the government to collect taxes from the richother than a#at. "he government is allowed to collecttaxes other than a#at from the rich if the interest of thestate demands it although in syariah only a#at has been
specified.
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Isis!a$
! &rocess of deducing fi-h law by lin#ing a later set ofcircumstance with an earlier set.
! 0ased on the assumptions that the fi-h laws applicable
to certain condition remain valid as long as it is notcertain that these condition have altered.
! %xamples
:ong absence of someone, it is doubtful whether he isalive or dead. "herefore in istishab deduction, all rules
must remain in force which in one #new that he was still
alive.
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*U% ! "he various customs and social habits of people
throughout the muslim world were accepted as a
secondary sources of the islamic law as long as they did
not contradict with the shariah.
! %xample8
In rental customs. "he shariah does not re-uire the
payment of the price until the thing sold has been
delivered completely being.
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SIMILARITIES &DIFFERENCES
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SIMILARITIES +ITH
CONVENTIONAL FINANCE! In term of products and services that both
provided.
&I$ILARITI(& 0etween IS:AMI9 FINAN9%and 91NG%N"I1NA:
&roduct %,g Heposit, Insurance, Saving
Services %.g Issuing fast che-ue deposit, A"M cards
1b/ective &rofit maximiation, 9ustomer satisfaction
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&IFFERENCES ,I-'
CONEN-IONALFINANCEISLAMIC FINANCE CONVENTIONAL
FINANCE
<. &rinciple 0ased on Shariahcompliance.
0ased on fullymanmade principles.
?. &rohibitedelements
Free from prohibitedelements.
Not applicable.
;. $is# sharing In contrast, it promotes ris#sharing between provider of
capital 3investor5 and the userof funds 3entrepreneur5.
"he investor is assuredof a predetermined rate
of interest.
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C. &roducts Shariah complianceproducts.
Not applicable
D. Asset0ac#edFinancing
Hoes not recognisemoney as a sub/ect
matter of trade
0an#s and financialinstitutions deal in
money and monetarypapers only
D. Moral dimension 4or# within themoral values of
Islam, cannot financeany pro/ects whichconflicts with the
moral value of Islam.
Not concern aboutmoral implication of
the activity theyfinance.