Fundamental of Islamic Banking - Compliance to the Scheme of Shariah Laws

1. ISLAMIC
BANKING AND
FINANCE
Mahyuddin Khalid
emkay@salam.uitm.edu.my
COMPLIANCE TO THE SCHEME OF
SHARIAH LAWS
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2. CONTENTS
 SOURCES OF SHARIAH LAWS
 PRINCIPLES GOVERNING OF ISLAMIC
BANKING
 ETHICS IN ISLAMIC FINANCIAL SYSTEM
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3. SOURCES OF SHARIAH LAWS
Sources of
Shariah Laws
Primary
Al-Quran
Al-Hadith
Secondary
Ijmak
Maslahah
Sadd Zari‟ah
Urf
Siyasas
Syar‟iyyah
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4. 4
AL-QURAN
 The fundamental and main sources of Islamic
Law from which all other sources derive their
authority
 al-Quran may be defined as:
 The book containing the speech of Allah, revealed to
Prophet Muhammad in Arabic and transmitted to us
by continuous testimony, or tawatir.
 Consists of the word of Allah SWT revealed on
Prophet Muhammad saw in 23 years – divine
origin
 Address to all humanity, without distinction of
race, region or time

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THE SUNNAH
 Sunnah
 Literally: a way or rule or manner of acting
 Technically: What has been (authentically) related to us
on behalf of the Prophet { } from his
sayings, actions, and tacit approvals.
 Hadith
 Literally: communication, story, conversation
 Technically: What was transmitted on the authority of the
Prophet{ },his deeds, sayings, and tacit
approvals, or description of his sifaat (features).”
 Both cover the same ground: practice, sayings and tacit
approvals(taqrir)
 Quran generally deals with the broad principles or
essential of religion. The details are supplied by
Prophet saw through hadith

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IJMA‟
 Ijma‟ – Consensus of opinion among the jurist on
certain issues and ruling
 Literally:
 Ijma is the verbal noun of the Arabic word Ajma‟a which
has two meanings:
 To determine
 To agree upon something
 Technically
 Consensus of mujtahids (jurist) from the ummah oh
Muhammad (saw), after his death in a determined period
upon a rule of Islamic law
 Consensus of opinion among the jurist of a particular
period on a question of law
 Ijma‟ maybe based on Quran, hadith or analogy

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QIYAS
 Qiyas – analogical deduction
 Literal
 Measuring or estimating on thing in terms of another
 Technical
 The extension of Shar‟iah ruling from an original case
(Asl) to a new case (far‟) because the new case has the
same effective cause (Illah) as the original case.
 Qiyas or analogy is resorted to in respect of
problems about which there is no specific provision
in the Quran or the Sunnah of the Prophet
 Analogical deduction of new issues on existing
evidence from the Quran and Sunnah
 Process by which a rule of law is deduced from
original text in views of common effective cause
(illah)

8. SECONDARY SOURCES OF SHARIAH
LAW
Maslahah (consideration of public interest)
• Making a judgment based on the principle of general benefits on matters that have no clear nas from
the Quran or the Sunnah
• Islamic jurisprudence applies the maslahah in the implementation of a ruling
• As such, for anything that is beneficial & necessary to general public, it would establish dalil (indicative
legal text) in form of directives
Sadd Zari‟ah (blocking of means)
• Refers to the approach used to curtail anything that can cause a Muslim to do the forbidden
• Considered as an early preventive measure to prevent Muslim from doing what is forbidden by Allah
s.w.t
Urf (custom)
• Refers to the norms of majority of a society whether applied in speech or deed
• Considered as „adat jama „iyyah (customs that are collectively acceptable) and can be used as a legal
basis so long as it does not contradict the Syara‟
Siyasah Syar‟iyyah
• Refers to the area in Islamic jurisprudence that explains rulings related to the policies and approaches
taken in organizing the national administrative structure (and its people) in accordance with the spirit of
Shariah
• Cover the issues of central and regional administration, economy, judiciary, peace, international
relations etc.
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9. PRINCIPLES GOVERNING OF ISLAMIC
BANKING
ISLAM
AQIDAH
(Faith &
belief)
SHARIAH
(Practices &
activities)
IBADAT
(Man to God
worship)
MUAMALAT
(Man to Man
activities)
POLITICAL
ACTIVITIES
ECONOMIC
ACTIVITIES
FINANCIAL
ACTIVITIES
SOCIAL
ACTIVITIES
AKHLAQ
(Moralities &
ethics)
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10. AQIDAH (FAITH & BELIEF)
 Firm belief in the heart and must be applied
into actions
 The belief in God, the belief in Prophets, The
Angels, The Books, The Hereafter and The
Divine Decree
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11. SHARIAH (PRACTICES &
ACTIVITIES)
 The original meaning of word shariah is “the path or the
road leading to the water”.
 In legal term “shara‟a” means to make or establish laws.
 In legal term means laws relating to all aspects of human life
established by Allah SWT for his servants.
 Laws relating to human life are divided into three:
 Those relating to belief
 Those relating to deeds
 Those relating to ethics
 It is the responsible of the Muslim to knows the rules of Allah
such as rules related with:
 Man relationship with God like worship (ibadah)
 Man relationship with other fellow-human like rules of marriage
(Munakahat), criminal law(jinayah), business
(Muamalat), politics (Siyasah), international law and others.
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12. OBJECTIVES OF SHARIAH
Main
objectiv
e
To construct human life on the basis of ma‟rufat (virtues) and
to cleanse it of the munkarat (vices).
Objectives of Islamic Law are the protection of
Faith Life Intellect Posterity Property
These objectives are of 3
levels that are
Dharuriyyat
(life and
death)
Hajiyyat
(removing
hardship)
Tahsiniyyat
(beautifying)
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13. AKHLAQ (MORALITIES & ETHICS)
 Covers all aspects of Muslim behavior
, attitudes and work ethics with which he
perform his practical action:
 Moralities and ethics
 Behavior
 Thinking
 The process of judgement
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14. IBADAH (WORSHIP)
 Ibadah (worship) is actually the main purpose
of the creation of man on earth.
 Allah mentions in the Holy Quran :
 I created the jinn and humankind only that they
might worship me (51:56)
 To serve Allah is not only through the
devotional acts of prayer, fasting, payment of
zakat and pilgrimage.
 The Muslim serve Him through all their good
actions whether for worldly life or heavenly
purposes.
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15. IBADAH (WORSHIP)
 Definition of ibadah
 Total submission and obedient physically and mentally based
on a belief that the one whom is worshipped almighty honor
and power that will induce the feeling of degradation and
affection.
 Concept of ibadah
 Covered all human activities physically and spiritually
 Covered all worldly and Hereafter affairs
 Main condition - sincere oneself in performing
 The grouping of ibadah
 Specific:
-In time, place, conditionally, directionally and with specific
actions
-prayer
-fasting
-pay the tithe/zakat
-perform the pilgrimage
 General :
-individual, society, leadership, the whole life
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16. MUAMALAT
 Muamalah is from the verb “aamala” literally meaning to
interact.
 Muamalat means interactions or transaction.
 Commercial transactions
 Through contracts which are permitted by the Shariah as
evidenced by the Quran, the Sunnah and other sources of
Islamic law.
 Characteristics of muamalah
 Free from riba
 Comply with (objectives of) shariah
 Devoid of gharar (uncertainty, indeterminacy)
 Free from qimar (gambling)
 Free from maysir (games of chance)
 Free from ghishsh (fraud)
 Free from khibalah (cheating)
 Entitlement to profit depends on liability for risk
 Contracts based on free mutual consent
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17. ETHICS IN ISLAMIC FINANCIAL
SYSTEM
ETHICS IN
ISLAMIC
FINANCIAL
SYSTEM
Tawhid
(Unity)
„Adl
(Equilibrium)
Huriyyah
(Free will)
Responsibility
Ihsan
(Benevolence)
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18. END OF CHAPTER18