1. Txn based on interest violate equity aspect of economic organisation |
2. Interest based system discourages innovation, particularly SMEs. |
3. In Capitalist market economy, Commercial banks falls under debt channel. |
4 |
Monetary demand |
Inflation |
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4. Interest based system is security oriented rather than growth oriented. |
Shariah prohibits concentration of wealth in a few hands and breeds inequalities in society. |
Shariah encourages maximum welfare for the maximum number of people. |
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Treatment of deposits with Interest |
Islamic bank act as trustee (Mudarib) Instead of borrower from depositors |
islamic bank rely on a kind of joint venture or mutual participation between customer and bank to generate profits. |
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Profit sharing enterprise |
1. Shirkah al-inan / Limited partnership |
2. Mudarabhah / dormant partnership |
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Contract : |
1. Offer and acceptance (ijab and qabul) |
2. Consideration : |
3. Capacity |
4. Legality |
5. Absence of duress |
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Types of Contract (7) |
1. Al Tamlikat (Acquiring of ownership) |
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2. Al Isqatat (releases) |
3. Al-Itlaqat (permissions) |
4. Al-Taqyidat(restrictions) |
5. Al-Tauthiqat (Securities) |
6. Al-Ishtirak (Partnerships) |
7. Al Hifz (safe custody) |
In a nutshell, traditional setting involved simple commercial, agricultural or manufacturing ventures. No. of investors are limitted. Today contemporary economic requires flexible framework. Profit Loss sharing company can accommodate this. |
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Risk (Gharar) is forbidden |
1. Txn where seller is not in a position to hand over the goods to the buyer |
2. Item or commodity for sale cannot be immediately acquired eg., sale of fruit which has not yet ripend, fish or birds not yet caught |
3. Speculative investments trading and stock market |
4. Txn where purchaser is not given opportunity of inspecting goods before purchase. |
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Equity Based Financing |
1. Al-Mudharabah - Trustee profit sharing |
2. Al-Musharakah - Joint venture profit sharing |
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Debt based financing |
1. Deferred contracts of exchange (Al-bai, al-tijaraj and al-dayn) |
2. Deferred lump-sum sales (bai al-murabahah) |
3. Leasing (al-ijara) |
4. Salam sales (al-salam - capital financing) |
5. Manufacture sale (bai al-istisna) |
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Debt financing contract |
1. Al-bai bithaman Ajil (financing the acquisition of assets through deferred installment sales) |
2. Al-Ijara (Financing the use of services of an asset through leasing) |
3. Al-Ujr (fee based syndication services) |
4. Al-Murabaha (Letters of credit : Deferred lump-sum sales or cost plus) |
5. Al-Murabaha (financing working capital : deferred lump-sum sales or cost plus) |
6. Salam (financing the acquisition of assets in the future: forward purchase) |
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Debt Securities |
Deferred Contracts of Exchange |
1. Al-bai bithaman ajil (deferred sales) |
2. Bai al-murabaha(defered sales) |
3. Al-ijara (leasing) |
Loans |
1.Al-qardh al-hasan (benevolent loans) |
Refinancing of Assets |
Bai Al-inah |
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