The word Morabaha is taken from the Arabic word Ribh which means Profit. Originally, Morabaha is a contract of sale in which a commodity is sold on profit. The seller tells the buyer his cost price as well as his profit he is adding to the cost. Modern form of Morabaha has become the single most popular technique of financing all over the world.
The document discusses the issue of Bai Bithaman Ajil (BBA) contracts as used in Islamic financing in Malaysia. It summarizes the conceptual model of BBA, which involves the deferred payment sale of an asset from a seller to a purchaser. The document then discusses 5 previous court cases related to BBA and the legal issues they raised. The cases analyzed whether the BBA structure qualified as a legitimate sale contract under Shariah or resembled interest-based financing. The document concludes by noting the Malaysian government strengthened regulations on Islamic finance to address legal uncertainties surrounding BBA raised by the court cases.
1) Murabahah is a sale contract where the seller discloses the cost price and profit margin to the buyer. It involves the purchase and resale of assets where the seller earns a defined profit margin.
2) The key pillars of a murabahah contract include the seller, buyer, asset being traded, price, and offer/acceptance. It must also avoid elements of riba such as uncertainty around prices.
3) Modern applications of murabahah include its use in Islamic banking for financing, treasury products, sukuk issuances, and international trade. Structures like tri-party murabahah and murabahah to the purchase order are commonly used.
This article will describe about an overview of derivatives in Islamic Finance. Derivative is a "claim on a claim" the value of the derivative will depend on the value of the asset (stocks, bonds, etc) on which it has a claim.
Bay al-dayn refers to the sale of debt in Islamic finance. It involves the sale and purchase of a quality debt, either to the debtor or a third party. There are differing views among Islamic scholars on whether debt can be sold to a third party. Proponents argue it can be allowed subject to certain conditions to avoid risks like gharar. Critics argue the sale of debt to non-debtors is prohibited due to issues like selling something one does not possess.
The document discusses the sale of debt (bay' al dayn) under Islamic finance. It notes that while the sale of debt for another debt is prohibited, the sale of debt for cash to the debtor or a third party is permissible under certain conditions, such as payment being on a cash basis and the debtor confirming the debt. The document also examines various structured finance contracts used in Islamic bonds and Islamic accepted bills to facilitate the sale of debt in a Sharia-compliant manner.
This document discusses the concept of al-Tawarruq, an Islamic financing structure. It begins with an overview of Bank Islam Malaysia and its Shariah governance bodies. It then defines al-Tawarruq as the buying of a commodity on deferred payment and selling it for cash to a third party. The document outlines arguments for both prohibiting and permitting al-Tawarruq, and discusses issues around its operationalization. It concludes with trends showing growing use of al-Tawarruq products in Malaysian Islamic banks.
Murabaha is an Islamic financing structure where a financial institution purchases an asset for a customer and sells it to them at an agreed upon markup. The document defines Murabaha, provides examples of how it works, and answers common questions about the process. Key points include:
- In Murabaha, the cost of the asset and the pre-agreed profit amount must be disclosed to the customer.
- The financial institution purchases the asset then sells it to the customer for a higher price paid in installments or all at once.
- The customer can be appointed as an agent to select the asset on behalf of the bank.
Ijarah is a lease contract in Islamic finance where the bank leases equipment or property to a client in exchange for rental payments. It involves five pillars: the lessor who provides the asset, the lessee who uses the asset, the asset itself, the benefits gained from using the asset, and the rental price paid. There are differences of opinion on ijarah among scholars, but hadith and consensus support the permissibility of ijarah contracts. The major types of ijarah are ijarah wa iqtina (lease with purchase), ijarah muntahia bittamleek (lease ending in ownership), and normal ijarah.
The document discusses the issue of Bai Bithaman Ajil (BBA) contracts as used in Islamic financing in Malaysia. It summarizes the conceptual model of BBA, which involves the deferred payment sale of an asset from a seller to a purchaser. The document then discusses 5 previous court cases related to BBA and the legal issues they raised. The cases analyzed whether the BBA structure qualified as a legitimate sale contract under Shariah or resembled interest-based financing. The document concludes by noting the Malaysian government strengthened regulations on Islamic finance to address legal uncertainties surrounding BBA raised by the court cases.
1) Murabahah is a sale contract where the seller discloses the cost price and profit margin to the buyer. It involves the purchase and resale of assets where the seller earns a defined profit margin.
2) The key pillars of a murabahah contract include the seller, buyer, asset being traded, price, and offer/acceptance. It must also avoid elements of riba such as uncertainty around prices.
3) Modern applications of murabahah include its use in Islamic banking for financing, treasury products, sukuk issuances, and international trade. Structures like tri-party murabahah and murabahah to the purchase order are commonly used.
This article will describe about an overview of derivatives in Islamic Finance. Derivative is a "claim on a claim" the value of the derivative will depend on the value of the asset (stocks, bonds, etc) on which it has a claim.
Bay al-dayn refers to the sale of debt in Islamic finance. It involves the sale and purchase of a quality debt, either to the debtor or a third party. There are differing views among Islamic scholars on whether debt can be sold to a third party. Proponents argue it can be allowed subject to certain conditions to avoid risks like gharar. Critics argue the sale of debt to non-debtors is prohibited due to issues like selling something one does not possess.
The document discusses the sale of debt (bay' al dayn) under Islamic finance. It notes that while the sale of debt for another debt is prohibited, the sale of debt for cash to the debtor or a third party is permissible under certain conditions, such as payment being on a cash basis and the debtor confirming the debt. The document also examines various structured finance contracts used in Islamic bonds and Islamic accepted bills to facilitate the sale of debt in a Sharia-compliant manner.
This document discusses the concept of al-Tawarruq, an Islamic financing structure. It begins with an overview of Bank Islam Malaysia and its Shariah governance bodies. It then defines al-Tawarruq as the buying of a commodity on deferred payment and selling it for cash to a third party. The document outlines arguments for both prohibiting and permitting al-Tawarruq, and discusses issues around its operationalization. It concludes with trends showing growing use of al-Tawarruq products in Malaysian Islamic banks.
Murabaha is an Islamic financing structure where a financial institution purchases an asset for a customer and sells it to them at an agreed upon markup. The document defines Murabaha, provides examples of how it works, and answers common questions about the process. Key points include:
- In Murabaha, the cost of the asset and the pre-agreed profit amount must be disclosed to the customer.
- The financial institution purchases the asset then sells it to the customer for a higher price paid in installments or all at once.
- The customer can be appointed as an agent to select the asset on behalf of the bank.
Ijarah is a lease contract in Islamic finance where the bank leases equipment or property to a client in exchange for rental payments. It involves five pillars: the lessor who provides the asset, the lessee who uses the asset, the asset itself, the benefits gained from using the asset, and the rental price paid. There are differences of opinion on ijarah among scholars, but hadith and consensus support the permissibility of ijarah contracts. The major types of ijarah are ijarah wa iqtina (lease with purchase), ijarah muntahia bittamleek (lease ending in ownership), and normal ijarah.
Ijarah is an Islamic financing method where a lessor leases an asset to a lessee for an agreed upon rental payment. There are three key points:
1) Ijarah allows the use of an asset but ownership remains with the lessor, who bears risks related to ownership. The lessee bears risks related to use of the asset.
2) Rental payments and sale of the asset must be structured separately to avoid making the lease contingent on sale.
3) Rules governing ijarah require the asset to be identified and the lease period determined. Rent can be set ahead of time but not increased unilaterally. The lessee bears costs of use while the lessor
Bay' al-Inah and Tawarruq are Islamic financing techniques that involve two sale contracts to provide liquidity to customers. Both techniques involve the customer purchasing an asset on deferred payment terms, then immediately reselling the asset for cash. There are debates around the permissibility of each technique, with conditions applied. Proponents argue they are permissible when following the correct procedures, while opponents argue they enable backdoor interest. Regulators allow them with restrictions to prevent interest.
This document provides an overview of Murabaha, an Islamic financing structure. It defines Murabaha as a sale where the seller discloses the cost of an item and sells it for a higher price, adding a known profit. The document outlines the difference between Murabaha and Musawamah sales, basic rules of Islamic sales, evidence for Murabaha's validity, how it is structured as a financing transaction, potential issues, and mistakes to avoid. It concludes that Murabaha must be implemented carefully according to Islamic principles, as a legitimate sale rather than an interest-based loan.
1) Ju'alah, or commission, is a contract where one party offers a reward for completing a specified or unspecified task. It is permitted under the Maliki, Shafi'i, and Hanbali schools of Islamic law.
2) There must be a clear expression of the task and promised reward. The reward must also be specified. General or specific people can be offered the ju'alah.
3) Completing the task before the offer is made or doing so as a non-specified person means one is not entitled to the reward. Acceptance of the offer is not required.
The document discusses Sukuk, an Islamic financial certificate that is an alternative to conventional bonds. Sukuk are asset-backed and represent partial ownership of an asset, rather than debt. They can be structured using various Islamic financing contracts like murabahah, ijara, musharakah, and mudharabah. Malaysia has been a pioneer in developing the Sukuk market, with the first issuance in 1990 and the establishment of regulatory standards. It remains one of the largest Sukuk issuing countries globally.
This document discusses Bay' Bi-Thaman Ajil (BBA), which is an Islamic financing structure that involves the deferred payment of goods. It defines BBA, provides evidence from Islamic sources, discusses its objectives including providing financing flexibility. It covers pricing considerations for BBA, conditions like clearly stating durations, and applications like using BBA for property and vehicle financing. BBA allows the delivery of goods upfront with payment deferred to a later date through installments, at a higher price to compensate for the deferred payment.
The document discusses the Islamic financing contracts of Salam and Istisna. Salam allows payment in advance in exchange for deferred delivery of goods, while Istisna is used for manufacturing goods where the price is paid in installments over time or on delivery. Both contracts aim to fulfill financing needs and provide alternatives to interest-based loans. Key conditions and differences between the two contracts are outlined.
This document provides an overview of Murabaha finance, which is a particular type of sale in Islamic finance where the seller discloses the cost of purchasing an asset and sells it to the buyer at a higher price to generate a profit. The document defines Murabaha and explains its key features and components. It also outlines three common models for structuring Murabaha transactions, with Model III involving banks as the most prevalent in modern Islamic banking. Model III is explained in further detail through its typical phases and documentation requirements.
The document defines al-Wadi'ah as property left with someone to take care of it based on trust. It discusses the evidence from the Quran and hadith supporting al-Wadi'ah. The pillars of al-Wadi'ah are the depositor, deposited property, and depositary. There are two main types: al-Wadi'ah Yadd al-Amanah based on trust without liability, and al-Wadi'ah Yadd al-Dhamanah which allows the depositary to use the property and be liable for damages. Issues like conditions, flows, and disputes over profits are also summarized.
This document discusses Bay al-'Inah, which refers to the selling of an asset with deferred payment at a higher price, and then repurchasing the same asset from the buyer at a lower cash price. It defines Bay al-'Inah, provides evidence from hadith, and discusses the differing opinions of scholars on its permissibility. Some scholars prohibit it as a form of interest avoidance, while others permit it based on Imam Shafi'i's approval and use as a financing model when certain conditions are met. The document also outlines how Bay al-'Inah is applied in various Islamic banking products in Malaysia.
An Analysis of the Courts’ Decisions on Islamic Finance DisputesMahyuddin Khalid
The document summarizes several key court cases related to Islamic finance disputes in Malaysia between 1994 and 2010. The cases examined issues such as whether Bay al-Bithaman Ajil (BBA) contracts were valid and enforceable, whether banks could claim the full sale price in the event of default, and how to determine repayment amounts. The courts generally found that BBA contracts were valid sale agreements and banks were allowed to claim the full outstanding sale price, though in some cases the repayment amount was reduced to ensure it was equitable. The courts also affirmed their jurisdiction over disputes involving Islamic banks as corporate entities.
This document provides an overview of Islamic banking and finance practices in Malaysia, including the Islamic Inter-Bank Money Market (IIMM) and foreign exchange trading. The IIMM facilitates short-term liquidity management between Islamic banks using various Shariah-compliant instruments like Mudharabah Inter-Bank Investment and Wadiah Inter-Bank Acceptance. The document also outlines Government Investment Issues, Bank Negara Monetary Notes, and other instruments that Islamic banks can use for liquidity management. It describes the concepts of foreign exchange trading like Bai' al-Sarf that are applied in Malaysia in accordance with Shariah.
This document discusses the Islamic business transaction of al-hiwalah. It begins by defining al-hiwalah as the transfer of a debt from one debtor to another, which absolves the liability of the original debtor. The document then provides evidence for al-hiwalah from hadith and scholarly consensus. It outlines the key pillars and participants in an al-hiwalah contract, as well as categories of al-hiwalah like restricted and unrestricted. The document also examines conditions for a valid al-hiwalah contract and advantages it provides creditors and debtors. Finally, it states the legal consequences are the absolving of the original debtor's responsibility and establishing the creditor's right to demand repayment from
This document defines and discusses the Islamic concept of al-Rahn (pawning or collateral). It begins by defining al-Rahn as taking a property as security against a debt, where the secured property can be used to repay the debt if not paid. It discusses the evidence for al-Rahn from the Quran and hadith. The key pillars of an al-Rahn contract are then outlined as the rahin (debtor), murtahin (creditor), marhun (pledged asset), and marhun bih (debt amount). The benefits of al-Rahn for both creditors and debtors are described. Conditions for a valid al-Rahn contract and its modern applications are also
The document discusses various Islamic financial instruments used in Malaysia. It describes instruments like Mudharabah, Musharakah, Murabahah, Ijarah, and Wakalah. It explains how these instruments work, including the rights and responsibilities of parties in each contract. Shariah committees provide oversight to ensure Islamic banks operate according to Shariah principles.
This document provides information on the Salam contract structure and principles in Islamic finance. It defines Salam as a contract where the purchaser pays for a commodity in full at the time of the contract with deferred delivery. The key principles discussed are that the object of sale must be tangible goods, the price must be known and paid upfront, and delivery date must be specified. It provides an example mechanism of how a Salam contract works between an Islamic bank and customer to provide financing.
This document discusses derivatives in Islamic finance. It begins by defining derivatives and explaining their main uses, including hedging, speculation, and arbitrage. It then outlines common derivative types like forwards, futures, and options. The document notes that Islamic derivatives must be free of riba (usury), gharar (uncertainty), and maysir (gambling). It discusses how some contracts in Islamic law, like salam and istisna, can serve as the basis for sharia-compliant forward and futures contracts. However, deferring both price and asset delivery poses challenges in avoiding gharar. The salam contract is described as one permissible structure but it requires full prepayment and standardized terms.
1) This document discusses the Islamic finance contracts of Salam and Istisna'a, which are forward sales agreements. Salam involves payment in advance for goods to be delivered later, while Istisna'a is an agreement with a manufacturer to produce specified goods.
2) The key aspects of Salam contracts discussed include the requirements for specifying price, commodity, delivery date/location. Istisna'a similarly requires specifying the manufactured item. Parallel Salam and securitization of Salam contracts are also mentioned.
3) The objectives, features, and risks of Salam and Istisna'a contracts are analyzed, and their differences from Murabaha contracts are highlighted
The document defines al-ijarah (leasing) and discusses its pillars, types, conditions and modern applications. It states that al-ijarah refers to the lease of an asset's usufruct or services for a fee. The key pillars are the owner (lessor), user (lessee), asset and fee. Types include leasing tangible assets or labor. Conditions include specifying the asset, payment and contract terms. Modern applications discussed are simple leasing, al-ijarah thumma al-bay' (lease-to-own), musharakah and sukuk structures.
Development of the Malaysian Islamic Financial SystemMahyuddin Khalid
This document discusses the development of the Malaysian Islamic financial system. It covers:
1) The historical development of Islamic banking in Malaysia, from the establishment of Lembaga Tabung Haji in 1963 to the passing of the Islamic Banking Act in 1983 which allowed the creation of Bank Islam Malaysia, the country's first Islamic bank.
2) The three phases of development - the first phase focused on establishing the necessary legal and regulatory framework; the second phase expanded the system to include more Islamic financial institutions; the third phase further developed Islamic capital markets.
3) Key milestones and regulations that helped grow the system, such as the Government Investment Act which allowed Shariah-compliant short-term
Topic iii. non participatory modes of islamic finance - murabahah(1)SaudBilal1
Murabahah is an Islamic financing contract where the bank purchases an asset for a customer and sells it to them at an agreed upon profit. It involves four main steps: 1) the customer requests financing from the bank for an asset; 2) the bank purchases the asset and takes ownership; 3) the bank sells the asset to the customer at a higher price to cover costs and earn a profit; 4) the customer pays for the asset in installments over time. While murabahah is technically a sale contract, it is primarily used by Islamic banks as a financing instrument to provide financing without charging interest.
The document provides an overview of Islamic finance instruments, with a focus on Murabaha. It defines Murabaha as a sale transaction where the seller discloses the cost of goods to the buyer and adds a known profit margin. The key steps of a Murabaha transaction are that the bank appoints the client as an agent to purchase goods, then the bank sells those goods to the client on a deferred payment basis at a marked-up price including the disclosed profit. Several legal documents are required to structure a Sharia-compliant Murabaha deal.
Ijarah is an Islamic financing method where a lessor leases an asset to a lessee for an agreed upon rental payment. There are three key points:
1) Ijarah allows the use of an asset but ownership remains with the lessor, who bears risks related to ownership. The lessee bears risks related to use of the asset.
2) Rental payments and sale of the asset must be structured separately to avoid making the lease contingent on sale.
3) Rules governing ijarah require the asset to be identified and the lease period determined. Rent can be set ahead of time but not increased unilaterally. The lessee bears costs of use while the lessor
Bay' al-Inah and Tawarruq are Islamic financing techniques that involve two sale contracts to provide liquidity to customers. Both techniques involve the customer purchasing an asset on deferred payment terms, then immediately reselling the asset for cash. There are debates around the permissibility of each technique, with conditions applied. Proponents argue they are permissible when following the correct procedures, while opponents argue they enable backdoor interest. Regulators allow them with restrictions to prevent interest.
This document provides an overview of Murabaha, an Islamic financing structure. It defines Murabaha as a sale where the seller discloses the cost of an item and sells it for a higher price, adding a known profit. The document outlines the difference between Murabaha and Musawamah sales, basic rules of Islamic sales, evidence for Murabaha's validity, how it is structured as a financing transaction, potential issues, and mistakes to avoid. It concludes that Murabaha must be implemented carefully according to Islamic principles, as a legitimate sale rather than an interest-based loan.
1) Ju'alah, or commission, is a contract where one party offers a reward for completing a specified or unspecified task. It is permitted under the Maliki, Shafi'i, and Hanbali schools of Islamic law.
2) There must be a clear expression of the task and promised reward. The reward must also be specified. General or specific people can be offered the ju'alah.
3) Completing the task before the offer is made or doing so as a non-specified person means one is not entitled to the reward. Acceptance of the offer is not required.
The document discusses Sukuk, an Islamic financial certificate that is an alternative to conventional bonds. Sukuk are asset-backed and represent partial ownership of an asset, rather than debt. They can be structured using various Islamic financing contracts like murabahah, ijara, musharakah, and mudharabah. Malaysia has been a pioneer in developing the Sukuk market, with the first issuance in 1990 and the establishment of regulatory standards. It remains one of the largest Sukuk issuing countries globally.
This document discusses Bay' Bi-Thaman Ajil (BBA), which is an Islamic financing structure that involves the deferred payment of goods. It defines BBA, provides evidence from Islamic sources, discusses its objectives including providing financing flexibility. It covers pricing considerations for BBA, conditions like clearly stating durations, and applications like using BBA for property and vehicle financing. BBA allows the delivery of goods upfront with payment deferred to a later date through installments, at a higher price to compensate for the deferred payment.
The document discusses the Islamic financing contracts of Salam and Istisna. Salam allows payment in advance in exchange for deferred delivery of goods, while Istisna is used for manufacturing goods where the price is paid in installments over time or on delivery. Both contracts aim to fulfill financing needs and provide alternatives to interest-based loans. Key conditions and differences between the two contracts are outlined.
This document provides an overview of Murabaha finance, which is a particular type of sale in Islamic finance where the seller discloses the cost of purchasing an asset and sells it to the buyer at a higher price to generate a profit. The document defines Murabaha and explains its key features and components. It also outlines three common models for structuring Murabaha transactions, with Model III involving banks as the most prevalent in modern Islamic banking. Model III is explained in further detail through its typical phases and documentation requirements.
The document defines al-Wadi'ah as property left with someone to take care of it based on trust. It discusses the evidence from the Quran and hadith supporting al-Wadi'ah. The pillars of al-Wadi'ah are the depositor, deposited property, and depositary. There are two main types: al-Wadi'ah Yadd al-Amanah based on trust without liability, and al-Wadi'ah Yadd al-Dhamanah which allows the depositary to use the property and be liable for damages. Issues like conditions, flows, and disputes over profits are also summarized.
This document discusses Bay al-'Inah, which refers to the selling of an asset with deferred payment at a higher price, and then repurchasing the same asset from the buyer at a lower cash price. It defines Bay al-'Inah, provides evidence from hadith, and discusses the differing opinions of scholars on its permissibility. Some scholars prohibit it as a form of interest avoidance, while others permit it based on Imam Shafi'i's approval and use as a financing model when certain conditions are met. The document also outlines how Bay al-'Inah is applied in various Islamic banking products in Malaysia.
An Analysis of the Courts’ Decisions on Islamic Finance DisputesMahyuddin Khalid
The document summarizes several key court cases related to Islamic finance disputes in Malaysia between 1994 and 2010. The cases examined issues such as whether Bay al-Bithaman Ajil (BBA) contracts were valid and enforceable, whether banks could claim the full sale price in the event of default, and how to determine repayment amounts. The courts generally found that BBA contracts were valid sale agreements and banks were allowed to claim the full outstanding sale price, though in some cases the repayment amount was reduced to ensure it was equitable. The courts also affirmed their jurisdiction over disputes involving Islamic banks as corporate entities.
This document provides an overview of Islamic banking and finance practices in Malaysia, including the Islamic Inter-Bank Money Market (IIMM) and foreign exchange trading. The IIMM facilitates short-term liquidity management between Islamic banks using various Shariah-compliant instruments like Mudharabah Inter-Bank Investment and Wadiah Inter-Bank Acceptance. The document also outlines Government Investment Issues, Bank Negara Monetary Notes, and other instruments that Islamic banks can use for liquidity management. It describes the concepts of foreign exchange trading like Bai' al-Sarf that are applied in Malaysia in accordance with Shariah.
This document discusses the Islamic business transaction of al-hiwalah. It begins by defining al-hiwalah as the transfer of a debt from one debtor to another, which absolves the liability of the original debtor. The document then provides evidence for al-hiwalah from hadith and scholarly consensus. It outlines the key pillars and participants in an al-hiwalah contract, as well as categories of al-hiwalah like restricted and unrestricted. The document also examines conditions for a valid al-hiwalah contract and advantages it provides creditors and debtors. Finally, it states the legal consequences are the absolving of the original debtor's responsibility and establishing the creditor's right to demand repayment from
This document defines and discusses the Islamic concept of al-Rahn (pawning or collateral). It begins by defining al-Rahn as taking a property as security against a debt, where the secured property can be used to repay the debt if not paid. It discusses the evidence for al-Rahn from the Quran and hadith. The key pillars of an al-Rahn contract are then outlined as the rahin (debtor), murtahin (creditor), marhun (pledged asset), and marhun bih (debt amount). The benefits of al-Rahn for both creditors and debtors are described. Conditions for a valid al-Rahn contract and its modern applications are also
The document discusses various Islamic financial instruments used in Malaysia. It describes instruments like Mudharabah, Musharakah, Murabahah, Ijarah, and Wakalah. It explains how these instruments work, including the rights and responsibilities of parties in each contract. Shariah committees provide oversight to ensure Islamic banks operate according to Shariah principles.
This document provides information on the Salam contract structure and principles in Islamic finance. It defines Salam as a contract where the purchaser pays for a commodity in full at the time of the contract with deferred delivery. The key principles discussed are that the object of sale must be tangible goods, the price must be known and paid upfront, and delivery date must be specified. It provides an example mechanism of how a Salam contract works between an Islamic bank and customer to provide financing.
This document discusses derivatives in Islamic finance. It begins by defining derivatives and explaining their main uses, including hedging, speculation, and arbitrage. It then outlines common derivative types like forwards, futures, and options. The document notes that Islamic derivatives must be free of riba (usury), gharar (uncertainty), and maysir (gambling). It discusses how some contracts in Islamic law, like salam and istisna, can serve as the basis for sharia-compliant forward and futures contracts. However, deferring both price and asset delivery poses challenges in avoiding gharar. The salam contract is described as one permissible structure but it requires full prepayment and standardized terms.
1) This document discusses the Islamic finance contracts of Salam and Istisna'a, which are forward sales agreements. Salam involves payment in advance for goods to be delivered later, while Istisna'a is an agreement with a manufacturer to produce specified goods.
2) The key aspects of Salam contracts discussed include the requirements for specifying price, commodity, delivery date/location. Istisna'a similarly requires specifying the manufactured item. Parallel Salam and securitization of Salam contracts are also mentioned.
3) The objectives, features, and risks of Salam and Istisna'a contracts are analyzed, and their differences from Murabaha contracts are highlighted
The document defines al-ijarah (leasing) and discusses its pillars, types, conditions and modern applications. It states that al-ijarah refers to the lease of an asset's usufruct or services for a fee. The key pillars are the owner (lessor), user (lessee), asset and fee. Types include leasing tangible assets or labor. Conditions include specifying the asset, payment and contract terms. Modern applications discussed are simple leasing, al-ijarah thumma al-bay' (lease-to-own), musharakah and sukuk structures.
Development of the Malaysian Islamic Financial SystemMahyuddin Khalid
This document discusses the development of the Malaysian Islamic financial system. It covers:
1) The historical development of Islamic banking in Malaysia, from the establishment of Lembaga Tabung Haji in 1963 to the passing of the Islamic Banking Act in 1983 which allowed the creation of Bank Islam Malaysia, the country's first Islamic bank.
2) The three phases of development - the first phase focused on establishing the necessary legal and regulatory framework; the second phase expanded the system to include more Islamic financial institutions; the third phase further developed Islamic capital markets.
3) Key milestones and regulations that helped grow the system, such as the Government Investment Act which allowed Shariah-compliant short-term
Topic iii. non participatory modes of islamic finance - murabahah(1)SaudBilal1
Murabahah is an Islamic financing contract where the bank purchases an asset for a customer and sells it to them at an agreed upon profit. It involves four main steps: 1) the customer requests financing from the bank for an asset; 2) the bank purchases the asset and takes ownership; 3) the bank sells the asset to the customer at a higher price to cover costs and earn a profit; 4) the customer pays for the asset in installments over time. While murabahah is technically a sale contract, it is primarily used by Islamic banks as a financing instrument to provide financing without charging interest.
The document provides an overview of Islamic finance instruments, with a focus on Murabaha. It defines Murabaha as a sale transaction where the seller discloses the cost of goods to the buyer and adds a known profit margin. The key steps of a Murabaha transaction are that the bank appoints the client as an agent to purchase goods, then the bank sells those goods to the client on a deferred payment basis at a marked-up price including the disclosed profit. Several legal documents are required to structure a Sharia-compliant Murabaha deal.
This document defines murabahah, provides evidence for its validity, and outlines its key pillars and conditions. Murabahah involves the sale of an asset where the seller discloses the purchase price and adds an agreed-upon profit. It must involve trust and transparency between buyer and seller. The document also discusses applications of murabahah, including murabahah financing, commodity trading, and sukuk murabahah (asset-backed securities).
The document discusses the stages of a Murabaha financing contract in Islamic banking. It explains that Murabaha involves the bank purchasing an asset from a third party supplier on behalf of a customer and then reselling the asset to the customer at an agreed upon profit margin. The key stages are:
1) Promise stage where the customer requests financing and the bank approves. Relevant agreements are signed.
2) Agency stage where the customer is appointed as the bank's agent to identify and acquire the asset from the supplier.
3) Acquiring possession stage where the bank takes ownership of the asset before reselling to the customer.
4) Execution stage where the customer makes an offer to purchase
The document discusses accounting standards for Islamic finance established by AAOIFI in 1991. It provides an overview of Murabaha, which is a sale with a known cost and profit, and Ijarah, which is an Islamic alternative to leasing where the owner transfers use of an asset to another for a specified period. The document also outlines the accounting processes and policies for Murabaha financing transactions and sale-and-leaseback transactions under Ijarah.
1) Murabaha is an Islamic financing structure where a bank purchases goods for a customer and sells them to the customer at an agreed upon price which includes the cost price and a pre-determined profit amount.
2) The key steps involve the customer requesting the bank to purchase specific goods, the bank purchasing the goods and taking possession, and then the customer entering into a sale agreement with the bank to purchase the goods at the pre-agreed sale price which is paid over time.
3) There are important conditions for the transaction to be Shariah compliant including the bank fully disclosing costs, the goods must exist and be in the bank's possession before the resale, and the original seller cannot be related to
1) Murabaha is a form of sale where goods are sold at a definite contract price including disclosure of cost and agreed profit to the buyer. It can be a spot sale or deferred sale.
2) In Islamic banking, Murabaha involves a bank purchasing goods on behalf of a customer upon his request and promise to purchase. The bank then sells the goods to the customer on a deferred payment basis at an agreed markup.
3) For a Murabaha transaction to be Shariah compliant, the goods must be in the bank's possession before being sold to the customer, the original seller and customer must be different parties, and the cost and profit must be disclosed.
The document defines key concepts in Islamic contract law including shariah, the essential elements of a valid contract, and the parties' consent. It discusses the different types of contracts like sale, lease, partnership, and deferred delivery contracts. It also summarizes the principles and structures of common Islamic financing contracts such as murabaha, ijara, musharakah, mudarabah, salam, istisna, and sukuk.
The document summarizes several key Islamic financing modes:
1) Murabahah is a cost-plus sale where the bank discloses costs and sells an asset to a customer on a deferred payment plan at a markup. Salam and istisna'a are used for agriculture and project financing respectively, allowing for advanced payment in exchange for future delivery of goods or projects.
2) Ijarah is an Islamic lease where the bank owns an asset and leases it to a customer for rental payments over a set period, after which the asset is either returned or sold to the lessee.
3) Each contract has specific steps and conditions to ensure compliance with Sharia principles like prohibition of interest and uncertainty
What is the difference between murabaha and conventional loanhamzedalha
Murabaha is a financing agreement used by Islamic banks where the bank purchases an asset for the client and sells it to them at a higher price to generate a profit. This differs from a conventional loan which charges interest.
The key differences are:
- Murabaha is a sale contract where the original cost and profit margin to the bank are disclosed upfront. A conventional loan is an interest-based lending agreement.
- In Murabaha, the bank takes ownership of the asset before selling it to the client for a profit. In a conventional loan, money is lent to the client directly.
- Islamic law prohibits charging or paying interest but allows trade for a profit, which is what Murabaha constitutes
The document discusses the key aspects and rules relating to auction sales:
1. Goods are typically sold in lots with each lot representing a separate contract.
2. The sale is complete when the auctioneer announces it, until then bidders can retract bids. The auctioneer can also reject unusually low bids.
3. Sellers can reserve the right to bid but otherwise are not allowed to bid themselves or employ others to bid on their behalf.
Murabahah refers to the sale and purchase of an asset where the acquisition cost and profit margin are disclosed to the purchaser. It is commonly used for short-term financing in Islamic banks. In a typical murabahah transaction, the bank buys an asset requested by the customer and then sells it to the customer at a higher price, allowing payment to be deferred. Key conditions include the asset being in existence and owned by the seller prior to resale. Murabahah provides an alternative to interest-based financing that is permissible under Islamic law.
The document provides an overview of Islamic banking products and their operational mechanisms. It discusses various Islamic financial contracts/modes such as Murabaha, Istisna, Salam, Ijarah, Musharakah, and Mudarabah. For each mode, it describes the concept, provides an example, and explains the basis of its Shariah permissibility. It also discusses key differences between Islamic and conventional banking and common misconceptions about Islamic banking.
This document discusses the Islamic financing contract of Istisna. It begins by defining Istisna as an agreement for the sale of goods to be manufactured or constructed at a future date, with an agreed upon price.
It outlines the key parties and conditions of an Istisna contract, including specifying the subject matter to be manufactured, stating the price and delivery terms. It also discusses penalties for late delivery and payment terms.
The document compares Istisna to other Islamic contracts such as Salam and Ijarah, highlighting the differences. It then explores some potential applications of Istisna contracts in Islamic banking such as financing construction projects.
In closing, it argues that I
The document discusses various Islamic financing contracts including Istisna, Salam, Mudarabah, Musharakah, and Murabahah.
It provides definitions and key conditions for each contract type. For example, it explains that Istisna is a sale transaction where the commodity is not yet in existence, while Salam is an agreement where the seller supplies specific goods to the buyer at a future date in exchange for full payment at the time of contract.
The document also provides examples of how these contracts can be structured and applied in practice for various financing needs like home and project financing.
The document discusses Bank Al-Habib's car financing product using the Islamic financing structure of diminishing musharaka, including how the bank and customer jointly purchase the car and the customer gradually purchases the bank's shares in the car through rental payments until owning it outright. It provides details on the legal documentation and transaction steps involved in applying for and obtaining this car financing.
1) Salam is a contract where the seller agrees to supply a specified good to the buyer at a future date in exchange for full payment of the price at the time of the contract.
2) It allows farmers, traders, and others to obtain financing for agricultural and business activities by receiving payment in advance for future delivery of goods.
3) Several conditions must be met for a Salam contract to be valid under Islamic law, including full advance payment, precise specification of goods, dates, and places of delivery.
This document outlines key aspects of Murabahah financing provided by microfinance institutions (MFIs). It defines Murabahah as a sale with disclosed costs and profit. For MFIs, it involves the institution purchasing an asset for a customer and reselling it to earn a profit. The process involves several steps: signing agreements, the customer acting as an agent to purchase goods, the MFI disbursing funds and taking possession, and the customer making a deferred payment offer that is accepted. Some issues that can arise include lack of evidence for purchases, delays in customer declarations, and pricing matters. Addressing these helps ensure Shariah compliance in MFI Murabahah transactions.
This document discusses the concepts of Bait-al-Maal (Door of Wealth) and Massraf houses in Islamic banking. It provides background on how the concept of Bait-al-Maal emerged after the death of Prophet Muhammad to keep money and goods, and how it relates to the functions of modern banks. The document also contrasts the priorities and principles of conventional banks, which focus on earning interest and wealth accumulation, with Massraf houses, which are based on Islamic principles of profit and loss sharing and promoting socio-economic development of communities over individual profit. The conclusion is that the foundations of Massraf houses conflict with interest-based conventional banking systems that are not compliant with Islamic teachings.
This document discusses the principles of banking in Islam. It explains that in Islam, banking revolves around the word "Massraf" which means purpose, and the purpose of Islamic banking is to unite the primary factors of production - man, money, and commodities - for economic activities that benefit the community. It notes that Islamic banking does not involve lending or borrowing money and charging interest, but rather involves investment partnerships between depositors and wealth managers, with profits shared accordingly. The document cautions that simply removing interest from conventional banking is not sufficient to make it compliant with Islamic principles, as other forms of impermissible increase known as "Riba" must also be eliminated.
The document discusses the concepts of Islamic banking (Massraf) versus conventional interest-based banking. It explains that Massraf aims to unite capital, labor, and goods for socio-economic development through financial products like partnerships and asset financing, without interest. Massraf views savers as partners in investment rather than just depositors, and reinvests funds for economic and social betterment. The document also outlines the original social objectives of the first Islamic bank in Egypt in 1960, and principles of transparency, social justice and partnership that Islamic banking is based on.
Introduction to islamic banking and conventional bankingYousuf Ibnul Hasan
Conventional Banking institutions are limited to the monetary affairs and to the monetary markets with a purpose to gain monetary benefits in rightly or wrongly.
Islamic Banks & Financial institution with Islamic norm and directive as define for the betterment of socioeconomic development as the benefit of the society, with commercial viability of the monetary affairs, ventures and transaction in gaining and disposal of basic need and resources.
Modaraba mode of financing is introduce as Partnership between Money and Ability. The concept is design to develop human ability and declare human being as the the most valuable part of socioeconomic life of the world.
Concept of RIBA, Interest & Profit in Islamic Economics SystemYousuf Ibnul Hasan
RIBA does not justify money to be a medium of exchange and develop a love of money, greed and selfishness instead of respect for the money for socioeconomic development for the humanity.
Saving for Investment and Investment by Participation Yousuf Ibnul Hasan
Saving leads to investment through participation and goals in the Islamic financial system in spreading the saving awareness and developing it. Saving, investment and participation is an individual decision which changes into profit and loss sharing in economic activity that leads to socioeconomic development
Sukuk are financial certificates that are structured to comply with Islamic law and its prohibition on interest. They represent ownership in an underlying asset or business venture that is shared between the investor and issuer. While sukuk aim to avoid interest, some scholars argue that present sukuk structures effectively offer fixed, interest-like returns that are guaranteed regardless of the performance of the underlying asset. There is ongoing debate around whether sukuk truly avoid interest or effectively evade Islamic lending limits.
The document provides an overview of the evolution and growth of the Islamic financial system over the past six decades. It begins by noting that Islamic finance originated in Egypt in the 1960s with the establishment of the first social bank based on profit and loss sharing principles. It then discusses how Islamic finance later spread to other countries like Pakistan and gained more widespread acceptance. The document highlights influential figures like Dr. Ahmed Al Naggar who helped establish early Islamic banks and organizations to support the development of Islamic finance education and standards. It concludes by noting that Islamic finance has now grown to be a major component of the financial systems in many Muslim-majority countries and regions over the past 60 years.
The document discusses the Riba Free mode of financing known as Modaraba. It provides details on:
- Modaraba is a partnership contract between two parties where one provides capital and the other provides skills, experience and management for a business venture. Profits are shared according to a pre-agreed ratio and losses are borne solely by the provider of capital.
- It describes the historical origins and evolution of Modaraba from earlier forms like commenda. Key principles discussed include the requirement for profit/loss sharing, the use of money as capital, and restrictions against fixed returns.
- Various applications and types of Modaraba contracts are outlined. It concludes by emphasizing Modaraba is a Sh
Economic Risk Factor Update: June 2024 [SlideShare]Commonwealth
May’s reports showed signs of continued economic growth, said Sam Millette, director, fixed income, in his latest Economic Risk Factor Update.
For more market updates, subscribe to The Independent Market Observer at https://blog.commonwealth.com/independent-market-observer.
Fabular Frames and the Four Ratio ProblemMajid Iqbal
Digital, interactive art showing the struggle of a society in providing for its present population while also saving planetary resources for future generations. Spread across several frames, the art is actually the rendering of real and speculative data. The stereographic projections change shape in response to prompts and provocations. Visitors interact with the model through speculative statements about how to increase savings across communities, regions, ecosystems and environments. Their fabulations combined with random noise, i.e. factors beyond control, have a dramatic effect on the societal transition. Things get better. Things get worse. The aim is to give visitors a new grasp and feel of the ongoing struggles in democracies around the world.
Stunning art in the small multiples format brings out the spatiotemporal nature of societal transitions, against backdrop issues such as energy, housing, waste, farmland and forest. In each frame we see hopeful and frightful interplays between spending and saving. Problems emerge when one of the two parts of the existential anaglyph rapidly shrinks like Arctic ice, as factors cross thresholds. Ecological wealth and intergenerational equity areFour at stake. Not enough spending could mean economic stress, social unrest and political conflict. Not enough saving and there will be climate breakdown and ‘bankruptcy’. So where does speculative design start and the gambling and betting end? Behind each fabular frame is a four ratio problem. Each ratio reflects the level of sacrifice and self-restraint a society is willing to accept, against promises of prosperity and freedom. Some values seem to stabilise a frame while others cause collapse. Get the ratios right and we can have it all. Get them wrong and things get more desperate.
"Does Foreign Direct Investment Negatively Affect Preservation of Culture in the Global South? Case Studies in Thailand and Cambodia."
Do elements of globalization, such as Foreign Direct Investment (FDI), negatively affect the ability of countries in the Global South to preserve their culture? This research aims to answer this question by employing a cross-sectional comparative case study analysis utilizing methods of difference. Thailand and Cambodia are compared as they are in the same region and have a similar culture. The metric of difference between Thailand and Cambodia is their ability to preserve their culture. This ability is operationalized by their respective attitudes towards FDI; Thailand imposes stringent regulations and limitations on FDI while Cambodia does not hesitate to accept most FDI and imposes fewer limitations. The evidence from this study suggests that FDI from globally influential countries with high gross domestic products (GDPs) (e.g. China, U.S.) challenges the ability of countries with lower GDPs (e.g. Cambodia) to protect their culture. Furthermore, the ability, or lack thereof, of the receiving countries to protect their culture is amplified by the existence and implementation of restrictive FDI policies imposed by their governments.
My study abroad in Bali, Indonesia, inspired this research topic as I noticed how globalization is changing the culture of its people. I learned their language and way of life which helped me understand the beauty and importance of cultural preservation. I believe we could all benefit from learning new perspectives as they could help us ideate solutions to contemporary issues and empathize with others.
OJP data from firms like Vicinity Jobs have emerged as a complement to traditional sources of labour demand data, such as the Job Vacancy and Wages Survey (JVWS). Ibrahim Abuallail, PhD Candidate, University of Ottawa, presented research relating to bias in OJPs and a proposed approach to effectively adjust OJP data to complement existing official data (such as from the JVWS) and improve the measurement of labour demand.
A toxic combination of 15 years of low growth, and four decades of high inequality, has left Britain poorer and falling behind its peers. Productivity growth is weak and public investment is low, while wages today are no higher than they were before the financial crisis. Britain needs a new economic strategy to lift itself out of stagnation.
Scotland is in many ways a microcosm of this challenge. It has become a hub for creative industries, is home to several world-class universities and a thriving community of businesses – strengths that need to be harness and leveraged. But it also has high levels of deprivation, with homelessness reaching a record high and nearly half a million people living in very deep poverty last year. Scotland won’t be truly thriving unless it finds ways to ensure that all its inhabitants benefit from growth and investment. This is the central challenge facing policy makers both in Holyrood and Westminster.
What should a new national economic strategy for Scotland include? What would the pursuit of stronger economic growth mean for local, national and UK-wide policy makers? How will economic change affect the jobs we do, the places we live and the businesses we work for? And what are the prospects for cities like Glasgow, and nations like Scotland, in rising to these challenges?
In a tight labour market, job-seekers gain bargaining power and leverage it into greater job quality—at least, that’s the conventional wisdom.
Michael, LMIC Economist, presented findings that reveal a weakened relationship between labour market tightness and job quality indicators following the pandemic. Labour market tightness coincided with growth in real wages for only a portion of workers: those in low-wage jobs requiring little education. Several factors—including labour market composition, worker and employer behaviour, and labour market practices—have contributed to the absence of worker benefits. These will be investigated further in future work.
Vicinity Jobs’ data includes more than three million 2023 OJPs and thousands of skills. Most skills appear in less than 0.02% of job postings, so most postings rely on a small subset of commonly used terms, like teamwork.
Laura Adkins-Hackett, Economist, LMIC, and Sukriti Trehan, Data Scientist, LMIC, presented their research exploring trends in the skills listed in OJPs to develop a deeper understanding of in-demand skills. This research project uses pointwise mutual information and other methods to extract more information about common skills from the relationships between skills, occupations and regions.
2. Elemental Economics - Mineral demand.pdfNeal Brewster
After this second you should be able to: Explain the main determinants of demand for any mineral product, and their relative importance; recognise and explain how demand for any product is likely to change with economic activity; recognise and explain the roles of technology and relative prices in influencing demand; be able to explain the differences between the rates of growth of demand for different products.
Optimizing Net Interest Margin (NIM) in the Financial Sector (With Examples).pdfshruti1menon2
NIM is calculated as the difference between interest income earned and interest expenses paid, divided by interest-earning assets.
Importance: NIM serves as a critical measure of a financial institution's profitability and operational efficiency. It reflects how effectively the institution is utilizing its interest-earning assets to generate income while managing interest costs.
How Does CRISIL Evaluate Lenders in India for Credit RatingsShaheen Kumar
CRISIL evaluates lenders in India by analyzing financial performance, loan portfolio quality, risk management practices, capital adequacy, market position, and adherence to regulatory requirements. This comprehensive assessment ensures a thorough evaluation of creditworthiness and financial strength. Each criterion is meticulously examined to provide credible and reliable ratings.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
5 Tips for Creating Standard Financial ReportsEasyReports
Well-crafted financial reports serve as vital tools for decision-making and transparency within an organization. By following the undermentioned tips, you can create standardized financial reports that effectively communicate your company's financial health and performance to stakeholders.
STREETONOMICS: Exploring the Uncharted Territories of Informal Markets throug...sameer shah
Delve into the world of STREETONOMICS, where a team of 7 enthusiasts embarks on a journey to understand unorganized markets. By engaging with a coffee street vendor and crafting questionnaires, this project uncovers valuable insights into consumer behavior and market dynamics in informal settings."
1. Essential of Islamic Finance
Islamic Mode of Financing
Morabaha
“Trade /Commodity Financing”
By Yousuf Ibnul Hassan
Iqra University
4/2/2014 1
Yousuf Ibnul Hasan
usufhasan@hotmail.com
2. The word Morabaha is taken from the Arabic
word Ribh.
Morabaha is a trade financing contract in
which a commodity is financed in
participation with the trader to be sold on
profit through the expertise, experience and
ability of the trader .
4/2/2014 2
Yousuf Ibnul Hasan
usufhasan@hotmail.com
3. In Morabaha Mode of financing the Party
bringing the funds to finance commodity
for the trade transaction is know as
Financier
And
The party that act as buyer and seller of the
commodities and goods that are financed
on the request is known as
MORAHIB
commonly known as TRADER
4/2/2014 3
Yousuf Ibnul Hasan
usufhasan@hotmail.com
4. In the Morabaha mode of financing funds
are not disburse to MORAHIB against
any collateral or other external security
arrangement but secure within the
transactional arrangement
Financier provide goods consist of
consumable or useable on the request
and specification of Morahib at a certain
pre-agreed price of sale by Financier
and agreed purchase price by Morahib.
4/2/2014 4
Yousuf Ibnul Hasan
usufhasan@hotmail.com
5. Morahib is a Trader
Morabaha is a financing mode for trading
activities on the basis of sale on profit.
Technically, it is a contract of sale in which
the seller declares his cost and profit.
It is an ancient practice which was seen in
archives prior to the horizon of Islam.
Morabaha practice developed in Islamic
financial system with guidance of Islamic
Shariah.
4/2/2014 5
Yousuf Ibnul Hasan
usufhasan@hotmail.com
6. Morabaha is a financing technique that
involves a request from Morahib a LPO
(Local Purchase Order) in favor of Financier
for the financing specific goods in which
Morahib deals and have experience.
Financier after appraising the LPO and its
requirement, adds its profit over to its cost
price on goods and sell to Morahib on the
condition under pre-agreed payment terms.
4/2/2014 6
Yousuf Ibnul Hasan
usufhasan@hotmail.com
7. The Financier purchase through its
arrangement by employing its funds along with
the Margin (ARBOON) procure as per LPO
condition of specification and deliver these
goods after taking acceptance of receiving the
goods from Morahib through
GRN (Goods Receiving Note) which is duly
signed with remarks that: Goods requested
under LPO are received in satisfaction
to the requirement. .
4/2/2014 7
Yousuf Ibnul Hasan
usufhasan@hotmail.com
8. In reality it is wise to settle all the terms in
pre-agreed as saying of Prophet Muhammad,
May Peace Be Upon Him.
“You must settle your terms in writing
and in agreeing prior to your trading
and in trust and for better
profitability.”
4/2/2014 8
Yousuf Ibnul Hasan
usufhasan@hotmail.com
9. How Morabaha mode of finance
operates
Morahib needs goods and approaches financier to
get the required goods or commodities through
financing for commercial trading.
In interest-based system, money is given on the
disposal of Applicant (Trader) on interest who
remain free to buy the required commodity from
the market or can use the fund for other purpose.
This option is not available in Morabaha.
Money cannot be given at the disposal of
Morahib.
4/2/2014 9
Yousuf Ibnul Hasan
usufhasan@hotmail.com
10. Financing against the procurement of
goods or commodity is paid to supplier in
accordance to request of Morahib.
Morahib approach Financier with his
request to acquire goods for trading
purpose .
The request must be in writing with clear
specification of goods required along with
the supplier identification and price
declare by the supplier.
4/2/2014 10
Yousuf Ibnul Hasan
usufhasan@hotmail.com
11. Morahib request for the goods must be
supported by the agreed equity (Arboon)
amount which is added to the financing to
pay the purchases of the goods requested.
Financier using its expertise enter into
purchase deal with the supplier of goods and
negotiate the price to a minimum possible
level.
Supplier Sale price and Morahib declared
price if differ then this difference is the part
of earning for Financier as efforts are
involve which to be compensated
4/2/2014 11
Yousuf Ibnul Hasan
usufhasan@hotmail.com
12. Morahib cannot claim a part of Financier earning,
Financer as good gesture can reduce the profit.
Morahib upon receiving the goods from supplier
issue an acceptance confirming the quality and
quantity of goods received from the supplier as well
as issue detail of stock kept at place.
Financier can also appoint its Muqqadum (agent)
who is allowed to receive the delivery of goods and
commodities on behalf of Financier as SAFE
KEEPER or STOCKKEEPER
4/2/2014 12
Yousuf Ibnul Hasan
usufhasan@hotmail.com
13. Muqqadum (agent) keeps the goods (stock) under
his control and release upon the delivery order
which is issued by Financier in favor of Morahib
either on the payment or under differ payment
terms.
It is compulsory that goods transfer from
Financier to Morahib should be on the pre-agreed
price which must be integrated in the Morabaha
Financing Contract and mention in Purchase
Order which must be duly signed by Morahib..
4/2/2014 13
Yousuf Ibnul Hasan
usufhasan@hotmail.com
14. Morabaha transaction to be completed
in two stages.
Firstly, the Morahib requests the Financier to
accept a Morabaha transaction and at the same
time promises to buy the commodity requested by
him on delivery.
This promise is not a legal binding & Morahib may
go back on his promise
Financier can hold the Arboon the equity of
Morahib and use it to cover the price margin to sell
the goods by reducing the price to attract the buyer.
Financier is not legally bound to return any amount
to Modarib. However as gesture he can take any
decision that favor Morahib
4/2/2014 14
Yousuf Ibnul Hasan
usufhasan@hotmail.com
15. Secondly, Morahib purchases the good acquired by the
Financier on a deferred payments basis and agrees to a
payment schedule on various dates.
On such arrangements the profitability of Financier shall not
be change and pre-agreed price of resale of goods between the
two parties of Morabaha contract shall remain constant.
Morabaha sale contracts allow the commodity sold it to the
Morahib or in case if these are refuses to purchased by Morahib
then Financier can sell buy at best suitable price taking the
advantage of Arboon.
This prime clause of the contracts and it should be accepted by
Morahib.
4/2/2014 15
Yousuf Ibnul Hasan
usufhasan@hotmail.com
16. Two Type of Payment Terms
First is By-Salaam which means advance
against delivery of goods in future date.
Second is By Muajjal which is payment
under installment at future dates.
In both the terms price of the goods does not
rise but can be reduce on the discretion of
Financier or in case prices goes down.
4/2/2014 16
Yousuf Ibnul Hasan
usufhasan@hotmail.com
17. Morabaha financing widely used by the Islamic banks
for various kinds of financing requirements.
To provide finance in various and diverse sectors
To consumer finance for purchase of consumer
durable such as cars and household appliances
To real estate to provide housing finance
To manufacturing sector for purchase of machinery,
equipment and raw material etc.
To finance short-term trade for which it is eminently
suitable.
To issue letters of credit.
To finance import trade in today form of FIM (Finance
Imported merchandise)
4/2/2014 17
Yousuf Ibnul Hasan
usufhasan@hotmail.com
18. Imam Baghi
Transaction end on the purchase of CAMEL in CASH
by one and sell these CAMELS by other by adding
its profit then sell at a the higher price.
Such contracts end in two sales,
Firstly, they are purchased in cash.
Secondly, they are sold on credit.
.
4/2/2014 18
Yousuf Ibnul Hasan
usufhasan@hotmail.com
19. Financier pays cash for commodity at the
request of Morahib then sells same to
Morahib on credit after adding its profit.
In other words, financier by adding its
profit to original purchase price
Morahib will have to pay even if the price
of the commodity falls as goods were
procured and provided on confirmation of
Morahib.
In case Morahib fails to sell Financier sell
by itself using the margin of Morahib to
reduce the price.
4/2/2014 19
Yousuf Ibnul Hasan
usufhasan@hotmail.com
20. Imam Al Shafai
If a man sees a commodity in the possession of
another and agrees to purchase the commodity with
the profit set by seller; such transaction is valid, as it is
not binding to any of the party of the contract till the
close of the transaction.
If a man purchases the commodity and agree to pay
the profit, then sale is valid as the purchaser himself
agrees to offer the profit.
If Morahib requests Financier to purchased separately
the goods on cash and then he shall buy in
installments at later stage. The cash based sales
accepted.
Under second installation scenario sales would
become valid provided Morahib purchase on
installment or at cash at an agreed price of contract.4/2/2014 20
Yousuf Ibnul Hasan
usufhasan@hotmail.com
21. Ibn Rashid
Morabaha sales are approved sales, but sales by mutual
consent are preferable.
“Sales by mutual consent are permitted
because Morabaha sales according to Imam
Ahmed require honesty and integrity on the
part of the seller”.
Temptations has the possibility of being led into
inaccuracy in one’s favor of sales which is agreed by
mutual consent.
4/2/2014 21
Yousuf Ibnul Hasan
usufhasan@hotmail.com
22. In case seller cheats with price or capital, sale remains
valid, but buyer get entitlement to claim the difference
from the seller or drop the sale.
Some Fuqaha say that the buyer has no choice
but is entitled to deduct the difference.
Morabaha sales are governed by the same conditions
applied to sales in general with most important aspect
that both buyers and sellers should know the amount
of the financing and the yield.
The seller must declare,
I bought for 100 and claim it for with a profit of
ten.
4/2/2014 22
Yousuf Ibnul Hasan
usufhasan@hotmail.com
23. Selling in Installments of Differed Sales
Time has to be agree on the price based on the period
of credit term.
Morahib must agree to pay on maturity.
If unable to fulfill financier has the right to claim the
goods by confiscating his Arboon which ultimately
covers the price including the compensation for the
loss of time.
Morahib have to reveal quantity of stock in hand to
financier.
Any discrepancy to original delivered quantity would
be paid by the Morahib.
In case of failure to pay, Morahib can be legally
punished for misappropriation and theft.
4/2/2014 23
Yousuf Ibnul Hasan
usufhasan@hotmail.com
24. Some Fuqaha forbid such types of sale, considering the
increase in price as Interest, a category of Riba. While
some of the Fuqaha permit such sales as it is based on
mutual agreement, and agree with Allah as said in
Holy Quran:
“Whereas Allah permitted trading and
forbidden usury and O’ ye who believe!
Misuse not yours wealth among your selves in
pride, except it be a trade by mutual consent”.
Financial institutions use Morabaha financing in both
ways,
Differed sales of cost price for those who need the
commodity for their personal use and not for trade as
seen in Consumer Financing.
On short term basis with limited installments provided
to those who cannot afford to pay in one go but with
an ability to pay in installments.4/2/2014 24
Yousuf Ibnul Hasan
usufhasan@hotmail.com
25. Morabaha Cost-plus Financing
This is a contract of sale between Financier and Morahib
at a price which includes a profit margin agreed by both
parties.
As a financing technique, it involves the purchase of
goods by financier on requested by Morahib.
Goods then sold to Morahib with a built-in profit.
Repayment in installments are specified in the contract
as Morabaha Cost-Plus Financing.
4/2/2014 25
Yousuf Ibnul Hasan
usufhasan@hotmail.com
26. Selling in Installments of Differed Sales
Differed sales or sales by installment could be
carried out on the basis of the cost price of
commodity.
There is no disagreement on such type of sale and
could be carried out and allowed.
Differed sale could be at a higher price than the
actual one of the commodity.
Some Fuqaha disagree on that type of sale. But
most agree to such sales as seller informs the buyer
of cash price and price on deferred payment terms
as clear terms for two types of sales transaction.
4/2/2014 26
Yousuf Ibnul Hasan
usufhasan@hotmail.com
27. Islamic jurists proposed
different forms of partnership
to provide credit & finance
facility for Agricultural,
Manufacturing and for trading
purposes.
These forms of Partnerships are as
follows:
4/2/2014 27
Yousuf Ibnul Hasan
usufhasan@hotmail.com
28. Muzara’a-Sharecropping
Muzara' a (sharecropping or crop partnership) is a contract
whereby landlord puts his agricultural land at farmer's disposal
to farm.
Farmer undertakes to give owner an amount of agricultural
products. This framework is based on a partnership between
capital and labor.
Musaqa-Tree-sharing
Musaqa (water partnership or tree-sharing) is a contract
whereby one person trim and water fruit trees own by other
person or are at his disposal, in exchange for an amount of
realize through the sale of the fruits on pre-agreed upon.
If a contract of Musaqa or tree sharing is related to fruitless
trees, like willows and sycophants, it is not valid.
However, it would be valid in such trees as henna whose leaves
are used or trees whose flowers are used.
4/2/2014 28
Yousuf Ibnul Hasan
usufhasan@hotmail.com
29. Morabaha Key Notes
Financier is Financier & financing is made for
the procurement of goods and commodities.
Morahib is the party of contract to sell the goods
that Financier financed under the contract.
It is not capital base contract and funds are use
as financing for purchases of goods.
Morahib has to prove and satisfy the Financier
of capabilities know-how of goods requested and
marketing and selling plans of the goods that are
financed.
4/2/2014 29
Yousuf Ibnul Hasan
usufhasan@hotmail.com