Takaful: Growth Opportunities in a Dynamic Market*
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New Model of Salam Sale for Agricultural Development Finance
Research Article New Model of Salam sale for Agricultural Archives of Development Finance Al Siddig Talha M Rahma* Agriculture Imam Mohammed Ibn Saud Islamic University, College of Economics &Business administration, Kingdom of Saudi Arabia Research and Abstract Technology (AART) The new financial economic model derived from the traditional Salam situation. This scenario is based on the idea behind the treatment of risks facing traditional Salam applications, which includes high rates of inflation and the exit of financing from its approved aspects, which cannot enable the farmer or producer to disburse this monetary benefit in the Volume 1 Issue 3, 2020 fields of agriculture. Then Banks and financial institutions lose huge amounts of money that are wasted. In addition, lack of understanding of the process of obtaining loans between farmers and producers, this new model can solve many problems Article Information and risks in the classic sales of Salam, which rely mainly on granting cash loans. Received date: May 28, 2020 Published date: July 07, 2020 The paper works to monitor and limit the risks posed by the traditional Salam and pushes that agricultural financing loses. It is most important input to financing and then corrects the paper and it relies on this innovative model, which aims to provide the necessary inputs to farmers and producers. This paper attempts to solve this problem by providing inputs directly *Corresponding author by updating production through regular and timely operation of modern scientific inputs. Al Siddig Talha M Rahma, Imam Mohammed Ibn Saud Islamic University, The study identified the structural equation model to analyze the results of the analysis of descriptive statistical data, College of Economics & Business which resulted in the preferred cash financing for farmers as a desirable situation. -
Understanding Islamic Law (Sharī’A)
Understanding Islamic Law (Sharī’a) bhala understanding 2e.indb 1 7/6/16 8:09 AM bhala understanding 2e.indb 2 7/6/16 8:09 AM Understanding Islamic Law (Sharī’a) second edition Raj Bhala Associate Dean for International and Comparative Law and Rice Distinguished Professor, University of Kansas School of Law Carolina Academic Press Durham, North Carolina bhala understanding 2e.indb 3 7/6/16 8:09 AM Copyright © 2016 Carolina Academic Press LLC All Rights Reserved Library of Congress Cataloging-in-Publication Data Names: Bhala, Raj, author. Title: Understanding Islamic law / Raj Bhala. Description: Second Edition. | Durham, North Carolina : Carolina Academic Press, [2016] | Includes bibliographical references and index. Identifiers: LCCN 2016027161 | ISBN 9781632849502 (alk. paper) Subjects: LCSH: Islamic law. Classification: LCC KBP144 .B49 2016 | DDC 340.5/9--dc23 LC record available at https://lccn.loc.gov/2016027161 Carolna Academic Press LLC 700 Kent Street Durham, NC 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.caplaw.com Printed in the United States of America bhala understanding 2e.indb 4 7/6/16 8:09 AM Bismillah ir Raḥmān ir Raḥīm (In the Name of God, the Most Gracious, the Most Merciful) Christians and Muslims are brothers and sisters. We must therefore consider ourselves and conduct ourselves as such. Together, we must say no to hatred, to revenge and to violence, particularly that violence which is perpetrated in the name of a religion or of God himself. God is peace, salām. His Holiness, Pope Francis (1936–), Bishop of Rome Address and Meeting with the Muslim Community Central Mosque Bangui, Central African Republic 30 November 2015 May the pure, brilliant sun of bodhicitta [enlightened mind] Dawn in each and every heart and mind Dispelling the darkness of suffering and confusion Unstoppably — until all are illumined and awakened. -
Sukuk in Focus the Necessity for Global Common Practices Deloitte Islamic Finance Insights Series Leading by Engaging
Sukuk in focus The necessity for global common practices Deloitte Islamic Finance Insights Series Leading by engaging Sukuk in focus | The necessity for global common practices Contents 04 05 06 07 Foreword from Deloitte Foreword from ISRA Acknowledgments Executive summary 09 10 12 17 Introduction: Strategic Shariah governance and Practice and market Regulatory capabilities and practice approach sustainability institutions market development 40 41 Sustainability in focus Thinking further ahead: Practice and policy considerations 03 Sukuk in focus | The necessity for global common practices Foreword from Deloitte Dear Islamic finance practitioners, For Islamic finance practitioners, this will require re-thinking and re-modelling of For nearly two decades, many financial their governance frameworks and regulators and investment institutions business operating channels. Most around the world have been committed importantly, practitioners need to harness to strengthening practices in Islamic their Islamic finance corporate culture capital markets, and leverage standards and embrace a ‘back to basics’ approach for Sukuk as a key investment asset class. and adhere to designing products and Embedded within this has been an services in line with the ‘equity-base’ equally strong commitment from industry differentiator to fund real economy standards setters and other business projects. supporting institutions (BSIs) to address practice differences and inconsistency. Clearly, this can be streamlined in the first place, with Maqasid Al Shariah, which It is with great pleasure that we produce reflects values and practices of social and Dr. Hatim El Tahir, FCISI this report, and put forward our thoughts economic inclusion and sustainable Director, Islamic Finance Group on a number of business practices community development. -
Resolutions of the Shariah Advisory Council of the SC
RESOLUTIONS OF THE SHARIAH ADVISORY COUNCIL OF THE SECURITIES COMMISSION MALAYSIA 31 December 2020 Resolutions of the Shariah Advisory Council of the Securities Commission Malaysia Resolutions of the Shariah Advisory Council ii of the Securities Commission Malaysia CONTENTS PART A 2 INTRODUCTION AND OBJECTIVES PART B 3 RESOLUTIONS OF THE SHARIAH ADVISORY COUNCIL OF THE SECURITIES COMMISSION MALAYSIA PRINCIPLES AND CONCEPTS OF MUAMALAT IN THE ISLAMIC CAPITAL MARKET 1. Ta`widh 4 2. Bai` `Inah (i) Implementation of Bai` `Inah 8 (ii) Implementation of Resolution on Bai` `Inah in Sukuk Structuring 12 3. Ibra’ 14 4. Wa`d and Muwa`adah 16 5. Tawarruq 20 6. `Aqd al-Tawrid 21 ISLAMIC CAPITAL MARKET PRODUCTS 7. Nature of Shares 25 8. Crude Palm Kernel Oil Futures Contract (FPKO) 26 9. Single Stock Futures (SSFs) Contract 27 10. Islamic Business Trusts 29 11. Islamic Exchange-Traded Fund Based on Gold and Silver 31 12. Stapled Securities 34 Resolutions of the Shariah Advisory Council iii of the Securities Commission Malaysia 13. Issuance of Redeemable Convertible Unsecured Islamic Debt 35 Securities (RCUIDS) with Free detachable Warrants Based on Shariah Principle of Murabahah (via Tawarruq Arrangement) 14. Islamic Securities Selling and Buying-Negotiated Transaction (iSSB- 39 NT) Model 15. Islamic Real Estate Investment Trusts (Islamic REIT) 40 SHARIAH ISSUES IN RELATION TO THE ISLAMIC CAPITAL MARKET TYPES OF IJARAH 16. Ijarah Mudhafah Ila Mustaqbal 54 17. Ijarah Mawsufah Fi Zimmah 56 18. Ijarah Muntahiyah Bi Tamlik 58 19. Sublease 60 20. Implied Sublease 61 IJARAH ASSET 21. Asset and Usufruct as Mahal al-`Aqd in Ijarah Contract 63 22. -
1 the Practice of Murabaha
THE PRACTICE OF MURABAHA: A COMPARATIVE STUDY BETWEEN BANK MUAMALAT INDONESIA AND ALBARAKA BANK IN SOUTH AFRICA Thesis Submitted to the Shari’a and Law Faculty in Partial Fulfillment of the Requirements for the Degree of Strata 1 By: Shiraaj Buziek 105046103559 ISLAMIC ECONOMICS SHARI’A AND LAW FACULTY SYARIF HIDAYATULLAH STATE ISLAMIC UNIVERSITY JAKARTA 2011 1 2 THE PRACTICE OF MURABAHA: A COMPARATIVE STUDY BETWEEN BANK MUAMALAT INDONESIA AND ALBARAKA BANK IN SOUTH AFRICA Thesis Submitted to the Shari’a and Law Faculty in Partial Fulfillment of the Requirements for the Degree of Strata 1 By: Shiraaj Buziek 105046103559 Under the Guidance Advisor DR. Phil. JM. Muslimin, MA NIP. 150 295 489 ISLAMIC ECONOMICS SHARI’A AND LAW FACULTY SYARIF HIDAYATULLAH STATE ISLAMIC UNIVERSITY JAKARTA 2011 3 PENGESAHAN PANITIA UJIAN Skripsi berjudul “The Practice Of Murabaha: Comparative Study Between Bank Muamalat Indonesia and Albaraka Bank In South Africa” telah diujikan dalam Sidang Munaqasyah Fakultas Syariah dan Hukum Universitas Islam Negeri (UIN) Syarif Hidayatullah Jakarta pada 5 April 2011. Skripsi ini telah diterima sebagai salah satu syarat memperoleh gelar Sarjana Ekonomi Syariah (SE.Sy) pada Program Studi Muamalat (Ekonomi Islam). Jakarta, 5 April 2011 Mengesahkan Dekan, Prof.Dr.H. Muhammad Amin Suma, SH, MA, MM NIP. 195505051982031012 PANITIA UJIAN 1. Ketua : Dr.H.A.Mukri Adji, M.A NIP. 195703121985031003 2. Sekretaris : Mu‟min Roup, S.Ag., MA NIP. 150281979 3. Pembimbing : Dr. Phil JM Muslimin, MA (…………..) NIP. 150295489 4. Penguji I : Dr. H. Anwar Abbas, M.Ag, MM NIP. 195502151983031002 5. Penguji II : Drs. Noryamin Aini, MA NIP. 196303051991031002 4 IN THE NAME OF ALLAH THE MOST BENFEICIENT THE MOST MERCIFUL 5 DECLARATION I declare that the thesis “The Practice Of Murabaha: Comparative Study Between Bank Muamalat Indonesia and Albaraka Bank In South Africa” is hereby submitted to the Shari‟ah and Law Faculty at UIN Syarif Hidayatullah State Islamic University of Jakarta in Partial Fulfillment of the Requirements for the Batchelors Degree. -
Introduction to Takaful
+ Introduction to Takaful Zulkifli Hasan, PhD + Contents n Insurance n Takaful + HISTORICAL BACKGROUND OF WESTERN CONCEPT OF INSURANCE n 1. Ottoman Empire- First introduce western concept of insurance- Maritime Code 1863. n 2. Ottoman Law of Insurance 1874-only life insurance is haram or unlawful n Since then, western concept of insurance is practiced almost in all countries in the world + Insurance? n Financial protection which involves the execution of contracts between the insurer and the insured in which the insurer agrees to underwrite the subject risk of such contracts. + Definition n Insurance is an economic device whereby the individual substitutes a small certain cost (premium) for a large uncertain financial loss (the contingency insured against) that would exist if it were not for the insurance. +Socio-Economic Benefits of Insurance n Risk Coverage n Habit of Thrift n Safe and Profitable Investment n Secure working environment for Businesses n Planning for life stage needs n Capital formation in the Economy + Nature of Insurance Contract General Insurance Premium Compensation Life Insurance Premium Compensation + Insurance from Islamic Perspective n Three major groups. 1. Those who consider both the concept and practice of commercial insurance un-Islamic. 2. Those who are in agreement with the present insurance and find nothing wrong in it. 3. Those who accept the concept of insurance, but find prohibited elements in its present practice. + Rulings of Collective Fiqhi Bodies n Islamic Research Institute of Al-Azhar Uni: 1965 n Council of Grand Ulama of Saudi Arabia n Majlis Tahqiqat-e-Shari'yah Lucknow, India n Islamic Fiqh Academy of Rabita al-Aa'lam-e-Islami n Al Majma’ Al-Fiqhi Al- Islami of OIC: 1975 n Council of Islamic Ideology, Pakistan: 1983 n International conference on islamic economic 1976 n European Council for Fatwa. -
Takaful) by Bouaziz Cheikh
POINT DE VUE POINT OF VIEW Assurances et gestion des risques, vol. 81(3-4), octobre-décembre 2013, 291-304 Insurance and Risk Management, vol. 81(3-4), October-December 2013, 291-304 Abstract To Islamic Insurance (Takaful) by Bouaziz Cheikh ABSTRACT Takaful is the means of bringing the social and economic benefits of modern insurance coverage, in a form consistent with their religious beliefs, to Muslims and to the merging economics of many predominantly Muslims countries. As such, the development of Takaful is crucial, both to social inclusion in non–Muslim countries, and to economic development in a number of countries with emerging market economies. It is therefore only surprising that the Takaful industry is undergoing a period of rapid growth. Yet the development of Takaful faces some formidable barriers that are largely due to the complex structure of takaful unders- tandings and the unresolved issues associated with it. These issues contribute to making the development of an appropriate legal and regulatory infrastructure, as well as financial reporting, corporate governance, rating and other related matters, problematic for the Takaful industry. RÉSUMÉ L’assurance « takaful » apporte des valeurs sociales et économiques aux bénéfices de l’assurance traditionnelle actuelle, qui sont en harmonie avec les croyances religieuses islamiques que l’on retrouve dans de nombreux pays. En cela l’assurance « takaful » opère en parallèle dans les pays non-islamiques notamment dans les économies émergentes et se développe rapidement depuis ces dernières années. L’auteur Bouaziz Cheikh est Commissaire Aux Comptes / Chercheur, École De Hautes Études En Assurance (Alger) : Master En Assurance. -
Shariah 1: Shariah Parameter Reference 1
Federation of Malysia ≠ EDICT OF GOVERNMENT ± In order to promote public education and public safety, equal justice for all, a better informed citizenry, the rule of law, world trade and world peace, this legal document is hereby made available on a noncommercial basis, as it is the right of all humans to know and speak the laws that govern them. Shariah 1 (2009) (English): Shariah Parameter Reference 1 - Murabahah The Principles and Practices of Shariah in Islamic Finance Shariah Parameter Reference 1 MURABAHAH Principles and Practices of Shariah in Islamic Finance 0079-Booklet New5.indd 1 8/28/09 5:01:57 PM MY20MALINT0079 chloe 6 Shariah Contract Booklet 148mm(w) x 210mm(h) 27/08/09 0079-Booklet New5.indd 2 8/28/09 5:01:57 PM MY20MALINT0079 chloe 6 Shariah Contract Booklet 148mm(w) x 210mm(h) 27/08/09 Principles and Practices of Shariah in Islamic Finance The Principles and Practices of Shariah in Islamic Finance is a collection of a series of reference documents known as the Shariah Parameter Reference. This document is issued by Bank Negara Malaysia (BNM) to further enhance the understanding on the principles and basis of Shariah contracts and to promote standardisation and harmonisation of Islamic financial practices. This document serves as a standard for Shariah contracts. The principles and practices included in this document aims to achieve the following objectives: i) clarify the concepts, principles and conditions of Shariah contracts and practices; ii) provide focus on the features of Shariah contracts and concepts that form the basis of Islamic financial products and services; iii) provide the basis for decisions on matters relating to conditions, mechanism and implementation of Shariah contracts or concepts; iv) facilitate Islamic finance professionals and practitioners in designing and developing Islamic financial products and services; and v) facilitate the formulation of policies and guidelines on Shariah contracts and concepts adopted by the Islamic financial services industry. -
Shariah Juristical Effect of Gharar in Predetermining Takaful Contribution
International Journal of Education and Research Vol. 1 No. 2 February 2013 SHARIAH JURISTICAL EFFECT OF GHARAR IN PREDETERMINING TAKAFUL CONTRIBUTION SALMAN BIN LAMBAK (First Name : SALMAN, Last Name : LAMBAK) Faculty of Business Management and Accountancy Universiti Sultan Zainal Abidin Gong Badak Campus 21300 Kuala Terengganu, Terengganu Email: [email protected] Abstract The paper attempts to ascertain theact of applying gharar (risk) in predetermining Takaful contribution (premium) hence to offera juristic opinion from Islamic Shariah perspective. The general concept of gharar will be comprehended and briefly compared with the concept of risk. Subsequently, the act of making a gharar in fixing the Takaful contribution will bedebated and juristically analysed. The paper, however, does not attempt to reassess the Muslim jurists’ ruling on the permissibility of neither insurance nor takaful.It is concluded that the gharar (risk) in principle is a subject that is recognized in Islam. It would then lead to main inference that making a gharar (risk) asa consideration in contribution calculation is permissible from Shariah perspective. KEYWORDS: Risk, Gharar, Insurance, Takaful 1. INTRODUCTION In principle, the Muslim scholars do associate gharar with the risk and uncertainty. Their view of risk isindeed not far off the economists’. According to ISO GUIDE 73:2009, the risk is defined as the combination of the probability of an event and its consequences. The term “risk” means gharar in Arabic etymology.1 In both definition of risk and gharar, there exists an element of uncertainties or hazard that include events (which may or not happen) and uncertainties caused by ambiguity or a lack of information. -
Proposed Secured Bay-Salam Model for Financing Agriculture by Islamic
International Journal of Management and Applied Research, 2019, Vol. 6, No. 4 Proposed Secured Bay-Salam Model for Financing Agriculture by Islamic Banks Ummi Ibrahim Atah, Mustafa Omar Mohammed, Engku Rabiah Adawiyya, Adewale Abideen Adeyemi International Islamic University Malaysia Abstract Bay Salam is a type of forward contract between two parties to sell or buy a commodity set at agreed terms and conditions on a future date. The Bay Salam contract is beneficial for both buyer and seller because the seller receives full payment in advance while the buyer pays at a favourable price. Despite its benefits to farmers and vendors, this mode of financing is widely available. Therefore, this article aims to explore the concept of the Bay Salam contract and its potential application in financing the agricultural sector in contemporary banking system. This research adopts a qualitative approach by critically reviewing the literature and conducting semi-structured interviews with seven financial and agricultural experts in Nigeria using purposive sampling method. Findings show that Bay Salam is largely unpopular in modern days due to high level of risk and management responsibilities required for the financier. The novelty of this paper lies in the proposed model which combines the concept of Bay Salam and Takaful. Keywords : Bay Salam, Agricultural Insurance, Agriculture Financing, Takaful, Islamic Banks, Islamic Financial Institutions Received: 13 March 2019 ISSN 2056-757X Revised: 10 July2019 Accepted: 30 Sept 2019 https://doi.org/10.18646/2056.64.19-013 Proposed Secured Bay-Salam Model for Financing Agriculture by Islamic Banks 1. Introduction Agriculture is facing various challenges in meeting global demand for food due to growing world population and climate change. -
At the Hands of Fate: the Political Economy of Islamic Insurance in Indonesia, Malaysia, and Pakistan, C
Old Dominion University ODU Digital Commons Graduate Program in International Studies Theses & Dissertations Graduate Program in International Studies Summer 2019 At the Hands of Fate: The Political Economy of Islamic Insurance in Indonesia, Malaysia, and Pakistan, C. 1980 to the Present Muhammad S. Rahman Old Dominion University, [email protected] Follow this and additional works at: https://digitalcommons.odu.edu/gpis_etds Part of the Asian Studies Commons, International Relations Commons, Near and Middle Eastern Studies Commons, and the Political Economy Commons Recommended Citation Rahman, Muhammad S.. "At the Hands of Fate: The Political Economy of Islamic Insurance in Indonesia, Malaysia, and Pakistan, C. 1980 to the Present" (2019). Doctor of Philosophy (PhD), dissertation, International Studies, Old Dominion University, DOI: 10.25777/391r-ej57 https://digitalcommons.odu.edu/gpis_etds/112 This Dissertation is brought to you for free and open access by the Graduate Program in International Studies at ODU Digital Commons. It has been accepted for inclusion in Graduate Program in International Studies Theses & Dissertations by an authorized administrator of ODU Digital Commons. For more information, please contact [email protected]. AT THE HANDS OF FATE: THE POLITICAL ECONOMY OF ISLAMIC INSURANCE IN INDONESIA, MALAYSIA, AND PAKISTAN, C. 1980 TO THE PRESENT by Muhammad S. Rahman B.A. May 2005, Gadjah Mada University, Indonesia M.A. August 2010, University of Groningen, the Netherlands A Dissertation Submitted to the Faculty of Old Dominion University in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY INTERNATIONAL STUDIES OLD DOMINION UNIVERSITY August 2019 Approved by: Francis Adams (Director) David Earnest (Member) David Selover (Member) ABSTRACT AT THE HANDS OF FATE: THE POLITICAL ECONOMY OF ISLAMIC INSURANCE IN INDONESIA, MALAYSIA, AND PAKISTAN, C. -
Maqasid Al Sharia and Takaful Operations: Issues and Challenges in an Emerging Industry
Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.43, 2015 Maqasid Al Sharia and Takaful Operations: Issues and Challenges in an Emerging Industry Maryam Dikko 1 Abdullah Bn Hj AbdulGhani 2 1.Othman Yeop Abdullah Graduate School of Business, Universiti Utara Malaysia, Sintok 06010, Malaysia 2.Islamic Business School, Universiti Utara Malaysia, Sintok 06010, Malaysia Abstract This paper, using both doctrinal and qualitative research methods, conducts a study into maqasid al sharia as it relates to takaful and highlights the facets of maqasid that are specifically relevant to takaful in a bid to determine whether same have been achieved in the provision of takaful services. The study however limits itself geographically to the understudied takaful industry in Nigeria and within the study conducts a comparison with the Malaysian takaful industry as a benchmark.The paper therefore critiques takaful in Nigeria against the backdrop of identified maqasid and explores challenges to fulfilling the objectives of maqasid in the industry. The paper concludes with observations on issues ranging from inadequate legislation, education and training of industry personnel and the nature of takaful products provided. Keywords: Takaful, Islamic Insurance, maqasid al shari’ah 1. Introduction It has been suggested that Islamic financial services, being inseparable from the general principles of the sharia, must base their foundations on the maqasid al sharia to ensure the distinction from conventional finance (Vejzagic & Smolo, nd; Daud, 2012) as Islamic finance has the capacity to reorient and transform economies when the ethical and moral values (the maqasid al sharia) inherent within it are implemented.