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Product development- Process 
Shariah Based (IFI) 
BY 
Lt Col (R) Jamshed Mukhtar Khan 
MIBF,MBA
Product development-Process 
Shariah Based (IFI) 
3
Product development-Process 
Shariah Based (IFI) 
Pt-I Product Development Process 
Pt-II Product Dev : Shariah Analysis 
Pt-III Product Dev : A Glance 
4
Product Development Process 
5 
A Product Development Process: is the entire 
set of activities required to bring a new concept to 
a state of market readiness. 
Design process 
A is the set of technical 
activities within a product development process. 
It does not include business, financial, or 
marketing activities.
Product Design Process 
6 
Understanding the Opportunity 
Develop a Concept 
Implement a Concept
Understanding the Opportunity 
Develop a vision 
Market opportunity analysis 
Customer/user need analysis 
Competitive products analysis 
7 
Characterized by four activities
Develop a vision 
8 
The first step in product development is to have a vision. 
What product do we like to have ? 
Why product not coming up to expectations? 
What is difficult with the current product we use?
PART - II 
Product Development : Shariah Analysis 
Jamshed Mukhtar 9
Product development : Shariah Analysis 
 THE IMPERATIVE OF IF PRODUCT DEVELOPMENT 
 ASPECTS OF IF PRODUCT DEVELOPMENT 
 IJTIHAD AS A MEAN OF IF PRODUCT DEVELOPMENT 
 THE BASIS FOR IF PD: SALIENT FEATURE FIQH UL 
MAMLAT 
 THE STARTING POINT OF SHARIAH ANALYSIS FOR PD. 
 THE MAIN SHARIAH ISSUES IN IF PD 
Jamshed Mukhtar 10
THE IMPERATIVE OF IF PRODUCT DEVELOPMENT 
 The banking and financial services industry is highly 
competitive. 
inferior product will be discarded by the customers. 
– The product offered must be sound in all regards. 
– Protect and enhance the reputations of those institutions that 
associate their name with it. 
 New generation of well-informed consumers demanding 
differentiated and sophisticated products. 
 Banking and financial institutions should focus their 
resources and talents on serving the customer 
– in order to ensure continuous presence in the market. 
 Hence, product development is an integral part 
component in the quest to serve the customer 
Jamshed Mukhtar 11
THE IMPERATIVE OF IF PRODUCT DEVELOPMENT 
 Rapidly changing financial environment in which the Islamic 
banks are operating, 
– it is vital that every player of this sector attempts to ensure both its short 
term competitive and long-term strategic presence. 
 Islamic banking institutions as well as Islamic banking 
consultants need to be : 
– continually innovative and create new ideas and new products. 
 Procedure for financial product and service development is the 
most imperative tool in order to meet their increasing concern 
about 
– Liquidity 
– risk management 
so as to ensure the value of the assets created by them as well as 
sustained growth and profitability for the business 
Jamshed Mukhtar 12
THE IMPERATIVE OF IF PRODUCT DEVELOPMENT 
 Product development is an important area in which 
Islamic banking and financial institutions 
– should focus their resources. 
 There is already a pool of Islamic banking institutions 
and consultants in the Muslim World but the study on 
how the institutions carry out :- 
– Product development process is still in absence 
 It is observed that much of the Islamic products are 
introduced into the market place by adapting and 
reengineering the conventional products – 
– following the success of the conventional products. 
Jamshed Mukhtar 13
THE IMPERATIVE OF IF PRODUCT DEVELOPMENT 
 CONSIDERABLE INNOVATION AND VALUE-ADDED PUT BY 
THE ISLAMIC FINANCIAL INSTITUTIONS: SKEPTICISM 
– SUBSTANCE OF THE PRODUCTS 
– CRITICISM ON THE INSTITUTIONS AND SYSTEM 
– REENGINEERING PROCESS IS SUBSTANTIALLY PRACTICED 
 ISLAMIC BANKING AND FINANCIAL INSTITUTIONS 
– FORESEE THE NEEDS OF THE MARKET 
– ROLL OUT ISLAMIC FINANCIAL PRODUCTS 
– SERVICES IN ADVANCE OF CONVENTIONAL PRODUCTS 
– ENSURE CONSTANT GROWTH 
– COMPETITIVENESS OF ISLAMIC BANKING AND FINANCIAL PRODUCTS. 
 ESSENTIAL FOR THE ISLAMIC BANKS 
– TO MOVE BEYOND THE ADAPTATION OF CONVENTIONAL PRODUCTS 
– STIMULATE NEW IDEAS THAT WILL HELP THE ISLAMIC BANKING AND 
FINANCIAL INDUSTRY NOURISH. 
Jamshed Mukhtar 14
THE ASPECT OF IF PRODUCT DEVELOPMENT 
THE STANDARD PRODUCT 
DEVELOPMENT PROCESS 
• MARKET INTELLIGENCE 
• RESOURCES ALLOCATION 
• TEAM SELECTION 
• MARKETING AND DISTRIBUTION 
• RESEARCH AND DEVELOPMENT 
Jamshed Mukhtar 15
THE ASPECT OF IF PRODUCT DEVELOPMENT 
 The Scholars have recognized seven main aspects that 
should be observed in developing Islamic financial 
product development : - 
 SHARIAH (ISLAMIC LAW) 
 (GOVERNING) LAW 
 TAX STRUCTURE 
 ACCOUNTING STANDARD 
 TECHNICAL SYSTEM 
 FINANCE 
 MARKETING 
Jamshed Mukhtar 16
THE ASPECT OF IF PRODUCT DEVELOPMENT 
 The core of Islamic financial products is the Shariah 
compliance. 
 The Shariah scholars are responsible in giving fatwa on 
the product with the underlying supporting evidences to 
the Islamic investors. 
 The product must be Islamically acceptable and 
economically viable in all aspects. 
 Criticality of Shariah analysis - carried out in order to 
ensure the marketability of the end-product. 
– The Shariah scholars must be involved in the whole process from 
beginning and not only at the end of the process 
– They must be adequately informed to clear doubts, if any, 
surrounding the product. 
Jamshed Mukhtar 17
IJTIHAD AS A MEAN OF IF PRODUCT DEVELOPMENT 
The term ijtihad refers primarily to the “utmost effort by 
the mujtahid (competent Shariah scholar) to derive 
Shariah rulings on matters from the sources of Shariah” 
and the past scholarly interpretations of Islamic jurists 
on the Shariah sources. In carrying out the ijtihad, the 
mujtahid should have specific method of Ijtihad which is 
recognized in the Islamic jurisprudence discipline 
Jamshed Mukhtar 18
IJTIHAD AS A MEAN OF IF PRODUCT DEVELOPMENT 
Based on the definition: 
 It is observed that ijtihad is not an upfront process rather it is 
later stage after the existence of matters to be the subject of 
ijtihad. 
The involvement of Shariah scholars: 
– at the end of the Islamic financial product development has slow down the 
introduction of Islamic banking products and services, 
– Compared to conventional products, as the fatwa or religious decrees issued 
by Shariah scholars pertaining the products are carried out late. 
This fact indicates that the positioning of Shariah scholars: 
– in Islamic financial product development process should be changed to 
upfront position 
– Must play active role in documenting the necessary information on the 
product. 
– The approach of al-tafri (projecting matters before their existence and 
issuing decrees on them) as practiced by some previous Islamic jurists may 
be adopted in the Islamic financial product development process. 
 
Jamshed Mukhtar 19
IJTIHAD AS A MEAN OF IF PRODUCT DEVELOPMENT 
THE RESPONSIBILITY OF BEING SHARIAH SCHOLARS 
 Very serious by all means. In issuing the decrees 
 They have to interpret the word of God and actions and deeds 
of the Prophet Muhammad in their effort to prescribe the solutions 
to govern the activities of Islamic financial institutions. 
This is a formidable duty as the integrity of the interpretation of 
the sources of Islamic law must be upheld. 
Among the criteria for a Shariah scholar is mastery of the Arabic 
language, sciences of Hadith and Quran, and the various skills of 
legal reasoning (ijtihad) 
Jamshed Mukhtar 20
THE BASIS FOR IF PD: SALIENT FEATURE FIQH UL MAMLAT 
• THE NATURE OF ISLAMIC FINANCIAL PRODUCT 
DEVELOPMENT IS BASED ON 
• THE NATURE OF FIQH MUAMALAT (ISLAMIC COMMERCIAL 
JURISPRUDENCE) ITSELF. 
• THE AREA OF FIQH MUAMALAT DIFFERS FROM THE FIQH 
IBADAT FROM THE PERSPECTIVE OF ISLAMIC 
JURISPRUDENCE IN SEVERAL WAYS. 
• QAL’AHJI (2000) OUTLINES THE MAIN SALIENT FEATURES OF 
FIQH MUAMALAT VIS-A-VIS FIQH IBADAT 
Jamshed Mukhtar 21
SALIENT FEATURES OF FIQH 
MUAMALAT VIS-A-VIS FIQH IBADAT 
22 
Salient Features of 
Fiqh Muamalat Fiqh Ibadat 
The primary ruling is permissibility 
except where the Shariah prohibition 
states. 
The primary ruling is impermissibility except 
where the Shariah permission states. 
Fatwa or verdict in based on the 
easiest/most appropriate (al-aysar) 
opinion. 
Fatwa or verdict is based on the most 
cautious (al-ahwath) opinion. 
Legal rulings are based on rational 
reasoning (illah aqliyyah) 
Legal rulings cannot be based on rational 
reasoning (it is a submissive action). 
Specific Quranic and Sunnah 
resources are few and general in 
nature; hence 
the rational thinking can be applied. 
Specific Quranic and Sunnah resources are 
many and detailed in nature; hence it 
cannotbe developed extensively by 
rationalization
THE STARTING POINT OF 
SHARIAH ANALYSIS FOR PD 
 Having the understanding that the commercial contracts are 
permissible except where the Shariah prohibition states 
 The Islamic jurists have recognized factors that invalidate and 
defect the commercial contracts through their thorough 
analysis of Shariah sources 
 Invalidating factors refers to the factors that violate the 
fundamentals and conditions of the commercial contract 
 Hence, an invalid commercial contract is “in effect not 
concluded and the exchange of ownership does not result” 
Jamshed Mukhtar 23
THE MAIN INVALIDATING AND 
DEFECTING FACTORS AS AVAILABLE IN 
THE FIQH LITERATURES 
 Al-Riba : Interest & Usury 
 Al-Gharar: Uncertainty 
 Al- Jahalah: Ignorance 
 Al-’Ayb : Flaw, Defect 
 Al- Maysir & Al-Qimar : Gambling/Fortune-based Game 
 Al-Ghabn :Unjustifiable/Unreasonable Price 
 Al-I’anah ala al-Munkar: Helping on unlawful purposes 
 Al-Hilah :Legal Device 
 Al-Dharar: Harm, Impairment 
 Al-Zulum :Injustice,Unfairness,Oppression 
 Al-Najsh: Artificial price hiking 
 Al-ikrah : Coercion, Complusion 
Jamshed Mukhtar 24
THE MAIN INVALIDATING AND 
DEFECTING FACTORS AS AVAILABLE IN 
THE FIQH LITERATURES 
THE FOUR MAIN CATEGORIES BASED ON 
INVALIDITY & DEFECT- by Prof Wahbah al-Zuhayli (1997) 
•Eligibility of contracting party 
•Non-Compliance of the contract language 
•Non-Compliance of the objects of sale 
• Non-Compliance of description (wasf), condition (sharth) and 
legal prohibition 
Jamshed Mukhtar 25
THE MAIN INVALIDATING AND 
DEFECTING FACTORS AS AVAILABLE IN 
THE FIQH LITERATURES 
THE FOUR MAIN CATEGORIES BASED ON 
Illegal purpose of commercial contracts – 
by Prof Dr.Usman Syubayr 
•Illegality of Subject Matter 
•Helping unlawful (haram) activities 
•Oppression and taking others property unrightfully 
• Violation the Islamic brotherhood (Ukhwah Islamiyah) 
Jamshed Mukhtar 26
THE MAIN INVALIDATING AND 
DEFECTING FACTORS AS AVAILABLE IN 
THE FIQH LITERATURES 
THE FOUR MAIN CATEGORIES BASED ON 
Illegal purpose of commercial contracts – 
by Mr. Muhammad Muda & Mr. Abdul Jalil 
•Al-Riba 
•Al-Gharar & Al-Jahalah 
•Al-Zulm & Al-Dharar 
•Violation of the Shariah sanctity 
Jamshed Mukhtar 27
Shariah Issues in IF PD 
Heavy Reliance on the Fixed Mode of Islamic 
Concepts 
The Underutilization on Islamic Partnership 
Concepts 
The Practice of Legal Device 
Harmonization of Opinions 
Jamshed Mukhtar 28
THANKS 
Developed & Based on the paper of: 
MR. Muhammad Muda 
& 
Mr,Abdul Jalil 
for which I’m indebted.

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Product development process -Islamic Banks Shariah Way by Jamshed Mukhtar

  • 1. Product development- Process Shariah Based (IFI) BY Lt Col (R) Jamshed Mukhtar Khan MIBF,MBA
  • 2.
  • 4. Product development-Process Shariah Based (IFI) Pt-I Product Development Process Pt-II Product Dev : Shariah Analysis Pt-III Product Dev : A Glance 4
  • 5. Product Development Process 5 A Product Development Process: is the entire set of activities required to bring a new concept to a state of market readiness. Design process A is the set of technical activities within a product development process. It does not include business, financial, or marketing activities.
  • 6. Product Design Process 6 Understanding the Opportunity Develop a Concept Implement a Concept
  • 7. Understanding the Opportunity Develop a vision Market opportunity analysis Customer/user need analysis Competitive products analysis 7 Characterized by four activities
  • 8. Develop a vision 8 The first step in product development is to have a vision. What product do we like to have ? Why product not coming up to expectations? What is difficult with the current product we use?
  • 9. PART - II Product Development : Shariah Analysis Jamshed Mukhtar 9
  • 10. Product development : Shariah Analysis  THE IMPERATIVE OF IF PRODUCT DEVELOPMENT  ASPECTS OF IF PRODUCT DEVELOPMENT  IJTIHAD AS A MEAN OF IF PRODUCT DEVELOPMENT  THE BASIS FOR IF PD: SALIENT FEATURE FIQH UL MAMLAT  THE STARTING POINT OF SHARIAH ANALYSIS FOR PD.  THE MAIN SHARIAH ISSUES IN IF PD Jamshed Mukhtar 10
  • 11. THE IMPERATIVE OF IF PRODUCT DEVELOPMENT  The banking and financial services industry is highly competitive. inferior product will be discarded by the customers. – The product offered must be sound in all regards. – Protect and enhance the reputations of those institutions that associate their name with it.  New generation of well-informed consumers demanding differentiated and sophisticated products.  Banking and financial institutions should focus their resources and talents on serving the customer – in order to ensure continuous presence in the market.  Hence, product development is an integral part component in the quest to serve the customer Jamshed Mukhtar 11
  • 12. THE IMPERATIVE OF IF PRODUCT DEVELOPMENT  Rapidly changing financial environment in which the Islamic banks are operating, – it is vital that every player of this sector attempts to ensure both its short term competitive and long-term strategic presence.  Islamic banking institutions as well as Islamic banking consultants need to be : – continually innovative and create new ideas and new products.  Procedure for financial product and service development is the most imperative tool in order to meet their increasing concern about – Liquidity – risk management so as to ensure the value of the assets created by them as well as sustained growth and profitability for the business Jamshed Mukhtar 12
  • 13. THE IMPERATIVE OF IF PRODUCT DEVELOPMENT  Product development is an important area in which Islamic banking and financial institutions – should focus their resources.  There is already a pool of Islamic banking institutions and consultants in the Muslim World but the study on how the institutions carry out :- – Product development process is still in absence  It is observed that much of the Islamic products are introduced into the market place by adapting and reengineering the conventional products – – following the success of the conventional products. Jamshed Mukhtar 13
  • 14. THE IMPERATIVE OF IF PRODUCT DEVELOPMENT  CONSIDERABLE INNOVATION AND VALUE-ADDED PUT BY THE ISLAMIC FINANCIAL INSTITUTIONS: SKEPTICISM – SUBSTANCE OF THE PRODUCTS – CRITICISM ON THE INSTITUTIONS AND SYSTEM – REENGINEERING PROCESS IS SUBSTANTIALLY PRACTICED  ISLAMIC BANKING AND FINANCIAL INSTITUTIONS – FORESEE THE NEEDS OF THE MARKET – ROLL OUT ISLAMIC FINANCIAL PRODUCTS – SERVICES IN ADVANCE OF CONVENTIONAL PRODUCTS – ENSURE CONSTANT GROWTH – COMPETITIVENESS OF ISLAMIC BANKING AND FINANCIAL PRODUCTS.  ESSENTIAL FOR THE ISLAMIC BANKS – TO MOVE BEYOND THE ADAPTATION OF CONVENTIONAL PRODUCTS – STIMULATE NEW IDEAS THAT WILL HELP THE ISLAMIC BANKING AND FINANCIAL INDUSTRY NOURISH. Jamshed Mukhtar 14
  • 15. THE ASPECT OF IF PRODUCT DEVELOPMENT THE STANDARD PRODUCT DEVELOPMENT PROCESS • MARKET INTELLIGENCE • RESOURCES ALLOCATION • TEAM SELECTION • MARKETING AND DISTRIBUTION • RESEARCH AND DEVELOPMENT Jamshed Mukhtar 15
  • 16. THE ASPECT OF IF PRODUCT DEVELOPMENT  The Scholars have recognized seven main aspects that should be observed in developing Islamic financial product development : -  SHARIAH (ISLAMIC LAW)  (GOVERNING) LAW  TAX STRUCTURE  ACCOUNTING STANDARD  TECHNICAL SYSTEM  FINANCE  MARKETING Jamshed Mukhtar 16
  • 17. THE ASPECT OF IF PRODUCT DEVELOPMENT  The core of Islamic financial products is the Shariah compliance.  The Shariah scholars are responsible in giving fatwa on the product with the underlying supporting evidences to the Islamic investors.  The product must be Islamically acceptable and economically viable in all aspects.  Criticality of Shariah analysis - carried out in order to ensure the marketability of the end-product. – The Shariah scholars must be involved in the whole process from beginning and not only at the end of the process – They must be adequately informed to clear doubts, if any, surrounding the product. Jamshed Mukhtar 17
  • 18. IJTIHAD AS A MEAN OF IF PRODUCT DEVELOPMENT The term ijtihad refers primarily to the “utmost effort by the mujtahid (competent Shariah scholar) to derive Shariah rulings on matters from the sources of Shariah” and the past scholarly interpretations of Islamic jurists on the Shariah sources. In carrying out the ijtihad, the mujtahid should have specific method of Ijtihad which is recognized in the Islamic jurisprudence discipline Jamshed Mukhtar 18
  • 19. IJTIHAD AS A MEAN OF IF PRODUCT DEVELOPMENT Based on the definition:  It is observed that ijtihad is not an upfront process rather it is later stage after the existence of matters to be the subject of ijtihad. The involvement of Shariah scholars: – at the end of the Islamic financial product development has slow down the introduction of Islamic banking products and services, – Compared to conventional products, as the fatwa or religious decrees issued by Shariah scholars pertaining the products are carried out late. This fact indicates that the positioning of Shariah scholars: – in Islamic financial product development process should be changed to upfront position – Must play active role in documenting the necessary information on the product. – The approach of al-tafri (projecting matters before their existence and issuing decrees on them) as practiced by some previous Islamic jurists may be adopted in the Islamic financial product development process.  Jamshed Mukhtar 19
  • 20. IJTIHAD AS A MEAN OF IF PRODUCT DEVELOPMENT THE RESPONSIBILITY OF BEING SHARIAH SCHOLARS  Very serious by all means. In issuing the decrees  They have to interpret the word of God and actions and deeds of the Prophet Muhammad in their effort to prescribe the solutions to govern the activities of Islamic financial institutions. This is a formidable duty as the integrity of the interpretation of the sources of Islamic law must be upheld. Among the criteria for a Shariah scholar is mastery of the Arabic language, sciences of Hadith and Quran, and the various skills of legal reasoning (ijtihad) Jamshed Mukhtar 20
  • 21. THE BASIS FOR IF PD: SALIENT FEATURE FIQH UL MAMLAT • THE NATURE OF ISLAMIC FINANCIAL PRODUCT DEVELOPMENT IS BASED ON • THE NATURE OF FIQH MUAMALAT (ISLAMIC COMMERCIAL JURISPRUDENCE) ITSELF. • THE AREA OF FIQH MUAMALAT DIFFERS FROM THE FIQH IBADAT FROM THE PERSPECTIVE OF ISLAMIC JURISPRUDENCE IN SEVERAL WAYS. • QAL’AHJI (2000) OUTLINES THE MAIN SALIENT FEATURES OF FIQH MUAMALAT VIS-A-VIS FIQH IBADAT Jamshed Mukhtar 21
  • 22. SALIENT FEATURES OF FIQH MUAMALAT VIS-A-VIS FIQH IBADAT 22 Salient Features of Fiqh Muamalat Fiqh Ibadat The primary ruling is permissibility except where the Shariah prohibition states. The primary ruling is impermissibility except where the Shariah permission states. Fatwa or verdict in based on the easiest/most appropriate (al-aysar) opinion. Fatwa or verdict is based on the most cautious (al-ahwath) opinion. Legal rulings are based on rational reasoning (illah aqliyyah) Legal rulings cannot be based on rational reasoning (it is a submissive action). Specific Quranic and Sunnah resources are few and general in nature; hence the rational thinking can be applied. Specific Quranic and Sunnah resources are many and detailed in nature; hence it cannotbe developed extensively by rationalization
  • 23. THE STARTING POINT OF SHARIAH ANALYSIS FOR PD  Having the understanding that the commercial contracts are permissible except where the Shariah prohibition states  The Islamic jurists have recognized factors that invalidate and defect the commercial contracts through their thorough analysis of Shariah sources  Invalidating factors refers to the factors that violate the fundamentals and conditions of the commercial contract  Hence, an invalid commercial contract is “in effect not concluded and the exchange of ownership does not result” Jamshed Mukhtar 23
  • 24. THE MAIN INVALIDATING AND DEFECTING FACTORS AS AVAILABLE IN THE FIQH LITERATURES  Al-Riba : Interest & Usury  Al-Gharar: Uncertainty  Al- Jahalah: Ignorance  Al-’Ayb : Flaw, Defect  Al- Maysir & Al-Qimar : Gambling/Fortune-based Game  Al-Ghabn :Unjustifiable/Unreasonable Price  Al-I’anah ala al-Munkar: Helping on unlawful purposes  Al-Hilah :Legal Device  Al-Dharar: Harm, Impairment  Al-Zulum :Injustice,Unfairness,Oppression  Al-Najsh: Artificial price hiking  Al-ikrah : Coercion, Complusion Jamshed Mukhtar 24
  • 25. THE MAIN INVALIDATING AND DEFECTING FACTORS AS AVAILABLE IN THE FIQH LITERATURES THE FOUR MAIN CATEGORIES BASED ON INVALIDITY & DEFECT- by Prof Wahbah al-Zuhayli (1997) •Eligibility of contracting party •Non-Compliance of the contract language •Non-Compliance of the objects of sale • Non-Compliance of description (wasf), condition (sharth) and legal prohibition Jamshed Mukhtar 25
  • 26. THE MAIN INVALIDATING AND DEFECTING FACTORS AS AVAILABLE IN THE FIQH LITERATURES THE FOUR MAIN CATEGORIES BASED ON Illegal purpose of commercial contracts – by Prof Dr.Usman Syubayr •Illegality of Subject Matter •Helping unlawful (haram) activities •Oppression and taking others property unrightfully • Violation the Islamic brotherhood (Ukhwah Islamiyah) Jamshed Mukhtar 26
  • 27. THE MAIN INVALIDATING AND DEFECTING FACTORS AS AVAILABLE IN THE FIQH LITERATURES THE FOUR MAIN CATEGORIES BASED ON Illegal purpose of commercial contracts – by Mr. Muhammad Muda & Mr. Abdul Jalil •Al-Riba •Al-Gharar & Al-Jahalah •Al-Zulm & Al-Dharar •Violation of the Shariah sanctity Jamshed Mukhtar 27
  • 28. Shariah Issues in IF PD Heavy Reliance on the Fixed Mode of Islamic Concepts The Underutilization on Islamic Partnership Concepts The Practice of Legal Device Harmonization of Opinions Jamshed Mukhtar 28
  • 29. THANKS Developed & Based on the paper of: MR. Muhammad Muda & Mr,Abdul Jalil for which I’m indebted.