WADI'AH

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WADI'AH

  1. 1. MAHYUDDIN KHALID  emkay@salam.uitm.edu.my
  2. 2. CONTENT  DEFINITION DEFINITION  EVIDENCE EVIDENCES  PILLARS OF AL-WADIAH  CONDITIONS OF AL-WADIAH PILLARS  TYPE OF AL-WADIAHCONDITIONS  SALIENT ISSUES OF AL-WADIAH  MODERN APPLICATION TYPESAPPLICATION 2
  3. 3. DEFINITION  Literally: DEFINITION  To leave, quit, abandon etc. EVIDENCES  Technically:  Representation in keeping possession or respectable PILLARS private goods in a specific way.  Any belonging left by the owner or his representativesCONDITIONS with somebody to take care of them.  Al-Wadiah is the commission given by the TYPES depositor to the depositary for holding his property in safe custody; al-amanah and done on the basis ofAPPLICATION charity 3
  4. 4. EVIDENCE  Al-Quran: DEFINITION  . EVIDENCES PILLARSCONDITIONS TYPESAPPLICATION 4
  5. 5. EVIDENCE  Hadith: DEFINITION  “Discharge the trust to the person who entrust it to you, and do not betray the one who betrays you” EVIDENCES  (Sunan Abu Dawud) PILLARS  Ijma’:CONDITIONS  The scholars from every single era of the Islamic eras had came to a consensus on the permissibility of the TYPES Wadiah contract since it is desired by the people in general to the extent that it is actually an essential and vital contract for the societyAPPLICATION 5
  6. 6. PILLARS OF AL-WADIAH 1. Al – Muwaddi’ DEFINITION  Depositor, Owner of the property EVIDENCES 2. Al – Wadi’  Depositee, Custodian of the property PILLARS 3. Al-Wadiah  Property for safe keepingCONDITIONS 4. Sighah TYPES  Offer (Ijab)  Acceptance (Qabul)APPLICATION 6
  7. 7. FLOWS OF AL-WADIAH DEFINITION Ijab (Offer) EVIDENCES PILLARS Al-Muwaddi’ Al-Wadiah Al – Wadi’CONDITIONS (Depositor, Owner of the (Property for (Depositee, Custodian of the property) safe keeping) property) TYPESAPPLICATION Qabul (Acceptance) 7
  8. 8. CONDITIONS OF AL-WADI’AH  Conditions for Contracting Parties DEFINITION  Al-muwaddi’ is the depositor or the owner of the property EVIDENCES  Al-wadi’ is the depositee or the custodian of the property PILLARS  Both parties must be person of sound mind and eligible to do a contract (ahliyaah al ada`a)CONDITIONS  Both parties must be eligible to be a wakil (agent) and trustee TYPES  Al-wadi’ must ensure his capability to safe-keep theAPPLICATION deposit. 8 ISB548
  9. 9. CONDITIONS OF AL-WADI’AH  Conditions for Wadi’ah (Deposited Property) DEFINITION  It must be valuable from Shariah view point, must be owned and deliverable EVIDENCES  It must be a form of property that can be possessed physically PILLARSCONDITIONS TYPESAPPLICATION 9 ISB548
  10. 10. TYPES OF WADI’AH  Wadi’ah Yadd al-Amanah DEFINITION  Safe custody based on trust EVIDENCES  Wadi’ah Yadd al-Dhamanah  Guaranteed safe custody PILLARSCONDITIONS TYPESAPPLICATION 10
  11. 11. WADI’AH YADD AL-AMANAH  Generally, wadi’ah is based on amanah (trust) DEFINITION  It is charitable and divinely rewarded.  Important features of wadi’ah yadd al-amanah: EVIDENCES  The custodian should keep the deposits as if he is keeping and taking care of his own property.  The custodian should not responsible for any damage of the PILLARS property so far it has not resulted from his negligence  The custodian is not entitled to any profits gained from theCONDITIONS contract. Any benefits accrued from the deposit belong to the owner.  The custodian should not utilize or take benefit of the TYPES deposit.  The custodian should not transfer the deposit in the hands of others without permission of the depositor.APPLICATION  The custodian should not take the deposit in journey unless permission is given.  The custodian should return the deposit back to the owner upon request. 11
  12. 12. WADI’AH YADD AL-DHAMANAH  This type of Wadiah is a combination of safekeeping DEFINITION (Wadiah) and guarantee (dhaman).  The Wadiah is based on guarantee whereby the EVIDENCES custodian guarantees the refund of the property kept with him and ensures to refund the item upon request.  This type of wadia’ah facilitates wider application in the PILLARS Islamic banking system.  Important features of wadi’ah yadd al-dhamanah:CONDITIONS  The custodian is entitled to use the deposited property for trading or any purposes.  The custodian has a right to any income derived from the TYPES utilization of the deposited item and liable for any damages or lossAPPLICATION  The custodian owns the profit and under his discretion to give some portion of it as a gift (hibah) to the depositor. The gift cannot be in the form of a pre-agreed agreement.  The custodian must return the deposited property to the owner at any time upon the request of the depositor. 12
  13. 13. AL-WADIAH CONTRACT : TRUST OR GURANTEE?  Al-Wadiah: Act of Trust (amanah) or Act of DEFINITION Guarantee (dhamanah)?  The jurists from different mazhabs had agreed that al– EVIDENCES Wadiah is an act of good deed which is encouraged (mandub), and there is reward (in the hereafter) for its PILLARS preservation.  It is essentially an act which is based on pureCONDITIONS trust(amanah) and not a guarantee (dhamanah).  The depositee is not liable to be the guarantor of the TYPES contract except for cases of carelessness or negligence.  Hence, it is not legal to require the trustee to be aAPPLICATION guarantor (accountable). 13
  14. 14. AL-WADIAH: ACT OF TRUST BECOME ACT OF GUARANTEE  Besides the cases of ignorance, contract of Wadiah could DEFINITION be transformed from trust (amanah) into guarantee (dhamanah) in the following cases if the depositee: EVIDENCES 1. Ignores the protection and safe keeping of the deposited property PILLARS 2. Deposits the property with somebody else, or not somebody who normally takes care of the depositee’s property.CONDITIONS 3. Benefits from the usage of the deposited property 4. Travels with the deposited property. TYPES 5. Refuses to return the deposited property to the depositor or withholds it even though he/she is capable of returning it.APPLICATION 6. Mixes the deposited property with other properties, which could not be recognized and distinguished from each other. 7. Commits certain conducts which are against the predetermined condition of the depositor. 14
  15. 15. PROFIT GAINED FROM THE USAGE OF MONEY UNDER AL–WADIAH 1. Al–Malikiah , Abu Yusof, The profit is for the depositee who traded the Al-Laiths and Sufyan cash DEFINITION REASON: 1. The agent (depositee) is the guarantor and custodian of the money until it is EVIDENCES returned back to the real owner. 2. The depositor does not essentially enter the contract of Wadiah with the intention of gaining any profit but with the purpose of safe guarding their PILLARS deposited property. Hence, they should be given their original property without any amount of profit.CONDITIONS 2. Abu Hanifah The depositee should donate the profit without benefiting from the proceeds REASON: TYPES 1. The revenues were earned through an illicit gain. 2. If it is forbidden to sell the Wadiah property, the acquired profit would beAPPLICATION considered as an illicit gain which could only be purified through donation and charity. 3. Others The profit will be shared and split between the depositor and depositee on the basis of Mudharabah contract. 15
  16. 16. MODERN APPLICATION  Responsibility of an Islamic Bank is considered as Yad DEFINITION Dhamanah when:  Bank imposes certain fee on the safe keeping of the items and EVIDENCES provides a special place for the safe custody of these items.  The bank will be held responsible for the replacement of PILLARS these items in cases of loss, damage or destroy even if these disaster occur unintentionally or due to negligence.CONDITIONS  Bank uses the cash money for business purposes. In this case, the bank is obligated to fully return the al-Wadiah money that has been used back to the owner, regardless of whether TYPES the bank had made any profit or even loss from the business venture using the al–Wadiah money.APPLICATION  This means that any profit would be owned by the bank and they have the right to give all or part of the proceeds back to the depositor based on their discretion as a gift or token which are not promised earlier 16
  17. 17. MODERN APPLICATION  Al-Wadiah Current Account DEFINITION  Islamic Bank mobilizes customers’ deposits in Current Account under the principles of Al-Wadi’ah Yad Dhamanah EVIDENCES (guaranteed custody).  It is based on the combination of contract of custody (al- Wadi’ah) and guarantee (Yad Dhamanah). PILLARS  Bank receives deposits from its customers who want to make a safe custody of their funds and utilizing the servicesCONDITIONS provided under the scheme of a current account.  The bank then will ask permission to utilize their funds. However, the customers may withdraw their saving any time TYPES they desire.  All the profit generated by the bank from the use of fundsAPPLICATION belongs to the bank.  The bank provides cheque books and other services provided by conventional bank to the current account. 17
  18. 18. MODERN APPLICATION  Al-Wadiah Saving Account DEFINITION  Islamic Bank mobilizes customers’ deposits in Savings Account under the principles of Al-Wadi’ah Yad Dhamanah EVIDENCES (guaranteed custody).  It is based on the combination of contract of custody (al- Wadi’ah) and guarantee (dhamanah) PILLARS  Bank accepts deposits from its customers who want to make a safe custody of their fundCONDITIONS  Profit generated by the bank from the use of such funds belong to the bank. TYPES  Bank may at his discretion reward the customer by returning a portion of profits generated from the use of their funds from time to time.APPLICATION  Bank provides its customers with saving passbook and other usual services provided for saving accounts by the conventional banks. ah). 18
  19. 19. DIFFERENCES BETWEEN DEPOSITS UNDER ISLAMIC AND CONVENTIONAL BANKING CONVENTIONAL ISLAMIC DEFINITION CONTRACT Loan contract Wadiah (safe-keeping) contract EVIDENCES Lender – Borrower RELATIONSHIP Depositor – Depositee PILLARSCONDITIONS Deposits are paid interest INCOME Deposits are not entitled to any income Conventional banks must OBLIGATION Islamic banks may give the TYPES give the depositers their depositer a share of the interest payment profits generated at theirAPPLICATION discretion Deposits are liability PRODUCTS Deposits are either a trust or products of a bank guarantee products of a bank 19
  20. 20. END OF CHAPTER DEFINITION EVIDENCES PILLARSCONDITIONS  TYPESAPPLICATION 20

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