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UnHjshhiversity of Hargeisa
School of Economics
Program name: Islamic banking and finance
Chapter One: Introduction of Fiqh for Finance.
University of Hargeisa
Outline
 Definition of Shariah,
 Definition of Fiqh and its types.
 Position of Fiqh Muamalat in the
Shariah.
 Brief introduction About Finance in
general.
 Conventional Finance vs. Islamic
Finance.
What is Shariah?
The word "shari'ah" literally means;
1) The water path
2) The water pool
Other meaning; "a way” “straight path”
In Islamic terminology, it means the legal system of Islam.
Technically;
Shariah Ad-din/religion
Believe (usul ad-din) and
Practice (shariah law_furu’
addin)
What is Shariah?
What is Shariah?
Shariah is a complete way of life
It covers all aspects of human life; personal and family, religious and
social, moral and political, economic and business
Muslim  one who submit to God
When Allah and His Messenger have decreed a matter, it is not for
any believing man or believing woman to have a choice in their
affair. And whosoever disobeys Allah and His Messenger has gone
astray into clear error. (Surah Al-Ahzaab, 33:36)
Faith &
belief
• Al-ahkam al-shar’iyyah
al-I’tiqadiyyah
Practical • Al-ahkam al-
shar’iyyah al-
’amaliyyah
Virtues &
spiritual
• Al-ahkam al-
shar’iyyah al-
khuluqiyyah wa al-
wijdaniyyah
WHAT ABOUT
FIQH?
FIQH
Literally;
Knowledge, understanding, and intelligence
of a matter
Fiqh
Ibadah
Technically; Imam al-Shafi’i
The knowledge of Shariah rulings
that relates to the practical aspects
and derived from its detailed
evidences
Fiqh
Muamalat
MU’AMALAT
Literally;
‘ mu’amalah”
Mutual dealing
Technically;
Procedure or series of action
between human in all aspects of
life.
FM  the knowledge of
Shariah rulings that relates to
the practical aspects in the
area of business and financial
dealings and derived from its
detailed evidences
Shariah
Fiqh
Muamalat
The relationship between Shariah, Fiqh, and
Muamalat
Goal/Reason/Motive of FM: Maqasid Syari’yyah
Protection of al-din
Protection of life (al-nafs)
Protection of dignity (pride) (al-’ird)
Protection of intellect (al-’aql)
Protection of property (al-mal)
Maqasid Syari’yyah,Cont…
“The obligation of the Shari’a is to provide
the wellbeing of all humankind, which
lies in safeguarding their faith, their
human self (nafs), their intellect (’aql),
their progeny (nasl) and their wealth
(mal)”
Al-Ghazali
The history of the Conventional
finance
 Before we begin, first let’s understand the origin of
word “FINANCE.”
 If we trace the origin of finance, there is evidence to
prove that it is as old as human life on earth.
 The word finance was originally a French word.
 In the 18th century, it was adapted by English
speaking communities to mean “the management of
money.” Since then, it has found a permanent place
in the English dictionary.
cont…
 Today, finance is not merely a word else has
emerged into an academic discipline of greater
significance. Finance is now organized as a branch
of Economics.
 At present, we cannot imagine a world without
Finance. In other words, Finance is the soul of our
economic activities.
 To perform any economic activity, we need certain
resources, which are to be pooled in terms of money
(i.e. in the form of currency notes, other valuables,
etc.).
Cont..
 Hence, In General sense,
 "Finance is defined as the management of
money and includes activities like
investing, borrowing, lending, budgeting,
saving“.
Types of finance.
There are three main types of finance:
 (1) personal
 (2) corporate, and
 (3) public/government.
Personal finance is not more important
these days because it only belongs to
single person. But Public finance and
corporate finance are two parallel growing
terms and widely used in all industries.
Examples of financing
activities
 Investing personal money in stocks,
bonds.
 Borrowing money from institutional
investors by issuing bonds on behalf
of a public company.
 Lending money to people by providing
them a mortgage to buy a house.
 Saving personal money in a high-
interest savings account
What is an Islamic finance?
 Genelly speaking, Islamic finance is a
financial system that operates according
to Islamic law (which is called sharia)
and is, therefore, sharia-compliant.
 Just like conventional financial systems,
Islamic finance features banks, capital
markets, fund managers, investment
firms, and insurance companies.
However, these entities are governed
both by Islamic law and the finance
industry rules and regulations that apply
to their conventional counterparts.
Islamic Finance cont.
 Although the Islamic finance industry itself
is quite young, Islamic theories of
economics have existed for more than a
millennium; by the mid-12th century, in
fact, many Muslims scholars had
presented key concepts of Islamic
economics that are still relevant today.
Conventional vs. Islamic
finance
 The main difference between Islamic and
conventional finance is the treatment of risk, and
how risk is shared.
 In this step we examine what these differences
can teach us about risk and risk management in
conventional banking and financial markets.
 The two main forms of Islamic finance are bank
finance and issuing Islamic securities (called
sukuk).
 In conventional terminology you might think of
these as debt – bank loans and bond issues
respectively, but that is inaccurate. Those
categories cannot be applied to pure Islamic
finance.
Old Ideas, Young Industry.
2019 AD = 1441 Hijri; but
industry barely 50
50s & 60s: initial
theoretical work, some
experimentation
70s: DIB, IDB, petrodollars
80s: OIC’s, initiatives in
Malaysia, Bahrain,
Pakistan, Sudan
90s: AAOIFI.
Industry Statistics.
•Size estimates go up to US $3.7 trillion (small)
by 2018
•2007 asset mix, as per IFSL 2009 Report:
Commercial banks (74%) Investment banks
(12%) Sukuk (11%) Funds (2%), Takaful (1%)
•Major countries, as per The Banker: Iran, Saudi
Arabia, Malaysia, Kuwait, UAE, Bahrain, Qatar,
UK
•Estimated 300 IFI, 50+ countries
•Industry reports available on the net for free
•Economics takes human behaviour as given
•Religion seeks to influence human behaviour
 Accountability to God should be a permanent
concern
 Earning an honest living an act of worship
 Moral economy of Islam (a theoretical ideal)
neither communism, nor capitalism
Opportunity of Islamic finance
• Inclusive, simple, tied to real economy
• Small size means growth potential;
petrodollars to invested
• More countries promoting Islamic
finance
• Industry reports & surveys still
suggesting double digit growth
Challenges of Islamic finance
• Covering gap of centuries in decades
• Global economy - lending money,
trading risk
• Lack of global Shari’a standards
• Industry requires multidisciplinary
expertise
THANK YOU & WASSALAM

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Fiqh for finance. Ch1..pptx

  • 1. UnHjshhiversity of Hargeisa School of Economics Program name: Islamic banking and finance Chapter One: Introduction of Fiqh for Finance. University of Hargeisa
  • 2. Outline  Definition of Shariah,  Definition of Fiqh and its types.  Position of Fiqh Muamalat in the Shariah.  Brief introduction About Finance in general.  Conventional Finance vs. Islamic Finance.
  • 4. The word "shari'ah" literally means; 1) The water path 2) The water pool Other meaning; "a way” “straight path” In Islamic terminology, it means the legal system of Islam. Technically; Shariah Ad-din/religion Believe (usul ad-din) and Practice (shariah law_furu’ addin) What is Shariah?
  • 5. What is Shariah? Shariah is a complete way of life It covers all aspects of human life; personal and family, religious and social, moral and political, economic and business Muslim  one who submit to God When Allah and His Messenger have decreed a matter, it is not for any believing man or believing woman to have a choice in their affair. And whosoever disobeys Allah and His Messenger has gone astray into clear error. (Surah Al-Ahzaab, 33:36)
  • 6. Faith & belief • Al-ahkam al-shar’iyyah al-I’tiqadiyyah Practical • Al-ahkam al- shar’iyyah al- ’amaliyyah Virtues & spiritual • Al-ahkam al- shar’iyyah al- khuluqiyyah wa al- wijdaniyyah
  • 8. FIQH Literally; Knowledge, understanding, and intelligence of a matter Fiqh Ibadah Technically; Imam al-Shafi’i The knowledge of Shariah rulings that relates to the practical aspects and derived from its detailed evidences Fiqh Muamalat
  • 9. MU’AMALAT Literally; ‘ mu’amalah” Mutual dealing Technically; Procedure or series of action between human in all aspects of life. FM  the knowledge of Shariah rulings that relates to the practical aspects in the area of business and financial dealings and derived from its detailed evidences
  • 10. Shariah Fiqh Muamalat The relationship between Shariah, Fiqh, and Muamalat
  • 11. Goal/Reason/Motive of FM: Maqasid Syari’yyah Protection of al-din Protection of life (al-nafs) Protection of dignity (pride) (al-’ird) Protection of intellect (al-’aql) Protection of property (al-mal)
  • 12. Maqasid Syari’yyah,Cont… “The obligation of the Shari’a is to provide the wellbeing of all humankind, which lies in safeguarding their faith, their human self (nafs), their intellect (’aql), their progeny (nasl) and their wealth (mal)” Al-Ghazali
  • 13. The history of the Conventional finance  Before we begin, first let’s understand the origin of word “FINANCE.”  If we trace the origin of finance, there is evidence to prove that it is as old as human life on earth.  The word finance was originally a French word.  In the 18th century, it was adapted by English speaking communities to mean “the management of money.” Since then, it has found a permanent place in the English dictionary.
  • 14. cont…  Today, finance is not merely a word else has emerged into an academic discipline of greater significance. Finance is now organized as a branch of Economics.  At present, we cannot imagine a world without Finance. In other words, Finance is the soul of our economic activities.  To perform any economic activity, we need certain resources, which are to be pooled in terms of money (i.e. in the form of currency notes, other valuables, etc.).
  • 15. Cont..  Hence, In General sense,  "Finance is defined as the management of money and includes activities like investing, borrowing, lending, budgeting, saving“.
  • 16. Types of finance. There are three main types of finance:  (1) personal  (2) corporate, and  (3) public/government. Personal finance is not more important these days because it only belongs to single person. But Public finance and corporate finance are two parallel growing terms and widely used in all industries.
  • 17. Examples of financing activities  Investing personal money in stocks, bonds.  Borrowing money from institutional investors by issuing bonds on behalf of a public company.  Lending money to people by providing them a mortgage to buy a house.  Saving personal money in a high- interest savings account
  • 18. What is an Islamic finance?  Genelly speaking, Islamic finance is a financial system that operates according to Islamic law (which is called sharia) and is, therefore, sharia-compliant.  Just like conventional financial systems, Islamic finance features banks, capital markets, fund managers, investment firms, and insurance companies. However, these entities are governed both by Islamic law and the finance industry rules and regulations that apply to their conventional counterparts.
  • 19. Islamic Finance cont.  Although the Islamic finance industry itself is quite young, Islamic theories of economics have existed for more than a millennium; by the mid-12th century, in fact, many Muslims scholars had presented key concepts of Islamic economics that are still relevant today.
  • 20. Conventional vs. Islamic finance  The main difference between Islamic and conventional finance is the treatment of risk, and how risk is shared.  In this step we examine what these differences can teach us about risk and risk management in conventional banking and financial markets.  The two main forms of Islamic finance are bank finance and issuing Islamic securities (called sukuk).  In conventional terminology you might think of these as debt – bank loans and bond issues respectively, but that is inaccurate. Those categories cannot be applied to pure Islamic finance.
  • 21. Old Ideas, Young Industry. 2019 AD = 1441 Hijri; but industry barely 50 50s & 60s: initial theoretical work, some experimentation 70s: DIB, IDB, petrodollars 80s: OIC’s, initiatives in Malaysia, Bahrain, Pakistan, Sudan 90s: AAOIFI.
  • 22. Industry Statistics. •Size estimates go up to US $3.7 trillion (small) by 2018 •2007 asset mix, as per IFSL 2009 Report: Commercial banks (74%) Investment banks (12%) Sukuk (11%) Funds (2%), Takaful (1%) •Major countries, as per The Banker: Iran, Saudi Arabia, Malaysia, Kuwait, UAE, Bahrain, Qatar, UK •Estimated 300 IFI, 50+ countries •Industry reports available on the net for free
  • 23. •Economics takes human behaviour as given •Religion seeks to influence human behaviour  Accountability to God should be a permanent concern  Earning an honest living an act of worship  Moral economy of Islam (a theoretical ideal) neither communism, nor capitalism
  • 24. Opportunity of Islamic finance • Inclusive, simple, tied to real economy • Small size means growth potential; petrodollars to invested • More countries promoting Islamic finance • Industry reports & surveys still suggesting double digit growth
  • 25. Challenges of Islamic finance • Covering gap of centuries in decades • Global economy - lending money, trading risk • Lack of global Shari’a standards • Industry requires multidisciplinary expertise
  • 26. THANK YOU & WASSALAM

Editor's Notes

  1. Investment Fund Services Limited: IFSL