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Al-Quran
Qiyas
Shariah As-Sunnah
(analogy)
Ijma (consensus)
Al-Quran
The revelation in the book is no doubt from the Lord of the worlds
(Allah) (Chapter 32 As-Sajdah: verse 2)
Lo, we reveal unto you the scripture with the truth that you may judge
between mankind by that which God showed you. And be not a pleader
for the treacherous (Chapter 4 An-Nisa: verse 105)
The verses of the Quran were revealed intermittently and gradually to
meet the requirements of events or the causes of revelation during the
time of the Prophet (SAW).
The period of revelation slightly more than 22 years (12 years in Mecca
before Hijrah and the remaining was at Medinah).
Meccan verses are mostly short and concise, deal with matters of
religion, about the nature of God etc.
Medinan verses are long and embody the detailed of Islamic legislation.
As-Sunnah
Obey God and obey the Prophet (Chapter 5 Al-Maidah: verse 92)
The Sunnah consists of at least 3 types:
1. Al-sunnah al-qawliyah the statements and sayings of the Prophet.
2. Al-sunnah al-filiyah the traditions of the deeds of the Prophet
3. Al-sunnah al-taqririyah the tacit approvals or silence, regarding deeds
which had occurred with his knowledge
Given the condition that all such scholars have to agree to the
ruling, its scope is limited to matters that are clear according to the
Qur'an and Prophetic example, upon which such consensus must
necessarily be based.
5
Qiyas (Analogy)
6
Major Aspects of Islam
7
Goals of Shariah (Maqasid Ash-Shari ah)
According to Imam al-Ghazali
Islamic financial contract i.e. buyer and seller; sighah (ijab and
qabul); subject matter (product/service) and price.
Prohibition of riba
Prohibition of gharar
Other prohibitions i.e. maysir (gambling), liqour, pork etc.
Adil (fairness)
Good manners (akhlak)
Rights of buyers and sellers
Honesty and integrity
Basic principles of Iqtisad (Islamic economics)
1. Tauhid
Uluhiyah & Rububiyah - worshipping Allah and Allah as the
Master of Universe
Al-Falah success in this world and in the Hereafter
Khalifah - human beings as vicegerent of Allah and Allah
ultimate owner of wealth
Definitions of Riba
Ibn al-Arabi: every excess in return of which no reward is paid
Mawdudi: predetermined excess or surplus over and above the
loan received by the creditor conditionally on relation to a
specified period
Haque: an increase or excess which, in an exchange or sale of
commodity, accrues to the owner (lender) without giving in
return any equivalent counter or recompense to the other party
Foundation of Muamalat & Islamic Finance
they say: trade is like Riba, but Allah has permitted trading
and forbidden (haram) riba (usury) (Al-Baqarah 275)
From Jabir the Prophet s.a.w cursed the receiver and the
payer of riba, the one who records it and the two witnesses to
the transaction: they are alike in guilt
The Prohibition of Riba
In the Quran - 4 Stages:
1. Surah al-Rum: 39
compare riba with Zakat and charity
praising Zakat but not riba
2. Surah al-Nisa: 160-161
attaching the practice of riba with the Jews
Consider the practice as an inequity
3. Surah ali-Imran: 130
Prohibiting the practice of charging double and multiple
riba
The Prohibition of Riba
4. Surah al-Baqarah: 275-281
Conclusively prohibiting all forms of riba
Any excess over the capital is disallowed
they say: trade is like riba, but Allah has permitted trading
and forbidden (haram) riba (usury)
The real public need for the transaction or contracts even gharar
is excessive e.g. bay al-Salam (advance purchase), al-Istisna
(manufacturing contract )
Within 8-10 years, industry estimated to capture half the savings of the 1.6 15% 20%
billion Muslim world2
10% 12%
Global scale 5%
More than 250 Islamic banks worldwide operating in over 75
countries 3 0%
2005 2010e
GCC accounts for two-thirds of global Islamic assets*
Malaysia leading industry maturity and sophistication GCC Malaysia
Islamic Development Bank: largest pan-OIC financial institution
Investment
Al-Musharakah (Joint-venture Profit-sharing)