Preview

Waad in Shariah

Powerful Essays
Open Document
Open Document
5577 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Waad in Shariah
Introduction to risk management
In
islamic financial institutions
RZB4503

waad from the Shariah perspective

Table of Contents Introduction 3 The definition of waad 3 Pillars of waad 4 Term, conditions and prohibitions of waad 5 The difference between waad and aqad 5 Scholars opinions 6 Applications and issues of waad in modern Islamic financial transactions and its importance 10 Effects of waad from Islamic financial institutions perspective 11 Conclusion 13 References 14

Introduction
Humans sometimes obligate themselves with voluntary matters, which requires them to meet these obligations in the future, because the practical life of individuals and groups require them to, and because the individual is a member of the society, he must extend links between him and the community, some of which social and economic links. Contracts are divers images, known and common among members of the community, comes from it obligations to be fulfilled.
One of the faces of civil and rural socity, meeting the obligations of its members various promises and covenants, in old times, one would promise his brother what would be beneeficial for both parties. And the promise is achieving benevolence to a man by another. Promise is like a project to fix the society and the individual, there is no doubt that fulfilling and accomplishing it, has a great impact on social relations, positive or negative.
The area of Islamic banking and finance has naturally received the most attention by Islamic economists and jurists, in view of the direct outcome of the prohibition on the payment and receipt of interest. Alternative Islamic modes of finance have thus been developed, their comparative advantages assessed and their applicability to various sectors and operations considered.
One of the modern day additions to the original Islamic mode of business transactions is the series of "promises" initiating from both parties, i.e. bank and customer. As a result, Waad



References: Bibliography Difference between a Promise and a Contract. (2006, January 17). Retrieved May 7, 2013, from Concepts in Islamic Economics and Finance: http://cief.wordpress.com/2006/01/17/difference-between-a-promise-and-a-contract/ Qazi, M. A. (2012). The Binding Nature of Wa’ad (Promise) and Its Application in Islamic Finance. International Journal of Business and Social Science , 206-213. Razali, S. S. (2008). THE CONCEPT OF WA’AD IN ISLAMIC FINANCIAL CONTRACT*. Selangor: Dept Business Admin, Kulliyyah of Econs & Mgmt Sciences.

You May Also Find These Documents Helpful

  • Good Essays

    Bibliography: Evans, T. T. (1987). Islamic Banking and the Prohibition of Usury in Western Economic Thought. National Westminister Bank Quarterly Review.…

    • 1074 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Mr Anees Razzak

    • 1252 Words
    • 6 Pages

    This paper intends to discuss the cultural challenges which have to be faced by potential markets that present huge opportunities in the Islamic financial industry. Furthermore, there will be an in-depth analysis of the historical changes of the prohibition of interest. In modern economic systems interest plays a very important role. In fact, in the Western world people cannot think of any economic system without interest. It is remark here that lending of money for interest was abhorred and, in most cases, prohibited by all the monotheistic religions (Islam, Christianity and Judaism).…

    • 1252 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Liquidity Management

    • 7532 Words
    • 31 Pages

    Kuran, T. (2004). Islam and Mammon: The Economic Predicaments of Islamism. New Jersey: Princeton University Press. Lewis, M. K. (1991). Theory and Practice of The Banking Firm. In C. J. Green & D. T. Llewellyn (Eds.), Surveys in Monetary Economics (Vol. 2, pp. 116-159). Oxford: Basil Blackwell. Lewis, M. K., & Algaud, L. M. (2001). Islamic Banking. Cheltenham, UK: Edward Elgar. Llewellyn, D. (1999). The Economic Rationale For Financial Regulation. London: Financial Services Authority (FSA). Nyazee, I. A. K. (2000). Islamic Jurispudence (Usul al-Fiqh). Islamabad: Islamic Research Institute Press. Pervez, I. A. (2000). Liquidity Requirements of Islamic Banks. In A. Siddiqi (Ed.), Anthology of Islamic Banking. London: Institute of Islamic Banking and Insurance. Rosly, S. A. (2005). Critical Issues on Islamic Banking and Financial Markets: Islamic Economics, Banking and Finance, Investments, Takaful and Financial Planning. Kuala Lumpur: Dinamas Publishing. Rosly, S. A., & Bakar, M. A. A. (2003). Performance of Islamic and Mainstream Banks in Malaysia. International Journal of Social Economics, 30(12), 1249-1265. Siddiqi, M. N. (1985). Partnership and Profit-Sharing in Islamic Law. Leicester, U.K.: The Islamic Foundation. Siddiqui, S. H. (2001). Islamic Banking: True Modes of Financing. New Horizon, 109(May-June). Tobin, J. (1987). Financial Intermediaries. In Cowles Foundation Discussion Papers 817. Yale: Cowles Foundation, Yale University. Wizarat al-Awqaf wa al-Shu 'un al-Islamiyah. (2005). Al-Mausu 'ah al-Fiqhiyyah (Vol. 14). Kuwait: Kuwait Ministry of Awqaf. Yousef, T. M. (2004). The Murabaha Syndrome in Islamic Finance: Laws, Institutions and Politics. In R. Wilson (Ed.), The Politics of Islamic Finance (pp. 63-80). Edinburgh: Edinburgh University Press.…

    • 7532 Words
    • 31 Pages
    Powerful Essays
  • Powerful Essays

    McMilan. Omar, Mohd Abdul Haleem (1992), Shari‘ah, Economic and Accounting Framework of Salam Sale, Jeddah: IRTI/IDB [Arabic]. Abu Sulaiman Abdul Wahab (1992), Ijara Contract as a Tool of Islamic Financing,, Jeddah: IRTI, Jeddah [Arabic]. Tomkins, Cyril, Lowe, Julian and Morgan, Eleanor (1986), An Economic Analysis of the Financial Leasing Industry, UK., reprinted Gower Publishing Company. Zuhaili Wahbah (1984), Islamic Fiqh and its Proofs, Dar al Fikr, Damascus, Vol. 4 [Arabic].…

    • 7247 Words
    • 29 Pages
    Powerful Essays
  • Powerful Essays

    The Islamic concept of Al-Ijarah Thumma al-bay’ refers to lease or hire or rent ending with purchase. It is a type of lease which concludes with option to buy back which is concludes the legal title of the leased asset and will be passed to the lessee at the end of the period. It is one of the contemporary innovative products which are design to meet the public demand at the same time, securing long term competitiveness in the financial market. AITAB comprised two contracts which are al-ijarah (leasing or renting) and followed by al-bay’ (sale) contract. Al-Ijarah: a contract whereby the lessor (Islamic bank) will rent the assets to the lessee (customer) over a certain period and at the end monthly rental amount as agreed by both parties. (Khir et al., 2008) Al-Bay’: upon completion of the rental period or upon the early settlement the lessor will then enter into the sale contract with the lessee to sell the asset at a pre-agreed selling price. (Khir et al., 2008) Al-ijarah and al-bay’ are both categorised under the contract of exchange. The former relate to the exchange of usufruct for money, while latter involves the exchange of good for money. In AITAB the contract of al-ijarah runs separately from the contract of al-bay’. Since both contracts are executed in a sequence. A new contract AITAB can be used to describe the process of converting an Ijarah into a sale contract. (Khir et al., 2008) AITAB is one of the contemporary innovative approaches in the Islamic hire purchase instrument which is an alternative product to conventional hire purchase. The significant difference between the two is that Islamic hire purchase is a unique contract involving a combination of two different contracts, thus involving a number of legal and shariah issues. It…

    • 12822 Words
    • 52 Pages
    Powerful Essays
  • Powerful Essays

    Centre to the Islamic law of contract is Justice. To realize this reality the creator through Al Quran and his messenger Prophet Muhammas (S.A.W) through his Sunnah in certain situation innovated certain concepts and in certain situations reinitiated the importance of certain concepts that have been then applied. For the purpose of convenience of this assignment these concepts going to be categorized as universal principles of Islamic contracts.…

    • 7036 Words
    • 29 Pages
    Powerful Essays
  • Powerful Essays

    M.T. Usmani, An introduction to Islamic Finance, Kluwer Law International, The Hague, 2nd editions, 2008…

    • 7311 Words
    • 30 Pages
    Powerful Essays
  • Powerful Essays

    This study reviewed the application of BBA in Malaysia. BBA or known as Al-Bai’ Bithaman Ajil is a financing facility that is based on a sale plus profit. It is commonly used by bank in Malaysia because it replaced the non-halal element in the conventional loan. However, there are some claims that the operation is not done correctly. Users especially the Muslims still doubt on its legality. Thus, bank officers were tested on how their bank operates it. The result exposed that the claim is not true. It is recommended that there should be future research on how the information should be exposed to the public.…

    • 1731 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    approve financial practices and activities for compliance with Islamic principles. Such expertise raises the attractiveness of shariah-compliant financial intermediaries to investors considering Islamic banking.…

    • 24795 Words
    • 100 Pages
    Good Essays
  • Best Essays

    References: 1. Dr Muhammad Yusuf Saleem (2013), “Islamic commercial law”, John Wiley & sons Singapore Pte.Ltd, pp 3-4…

    • 4015 Words
    • 13 Pages
    Best Essays
  • Powerful Essays

    Muamalat Islam

    • 1612 Words
    • 7 Pages

    Other than offering financial services, financial institutions should also be agent of da’wah by delivering knowledge about Islam especially the knowledge and values of Islamic Muamalat. The financial services should be very attractive and competitive in order to attract also the non Muslims that will slowly approach them and learn about the values and philosophy behind the Islamic financial products and services. For this purpose, all the financial institutions’ employees should be made ready through the appropriate knowledge and to be trained to be a good da’ie. Therefore, the Islamic finance will not only become the tool of economics but also a tool of da’wah.…

    • 1612 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Ifis Failure

    • 3159 Words
    • 13 Pages

    Islamic fiancé was practiced predominantly in the Muslim world throughout the middle ages. European financiers and businessman later adopted many concepts and techniques, and instruments of Islamic finance. In contrast the term Islamic financial system is relatively new appearing only in the mid-1980. In fact all earlier references to commercial or mercantile activities conforming to Islamic principles were made under the umbrella of either interest free or Islamic banking. This is no doubt prohibits the receipts or payments of interest as the nucleus of the system , but is supported by other principles of Islamic doctrine advocating risk sharing , individual rights, and duties , property rights and the sanctity of contracts . Similarly the Islamic financial system is not limited to banking, but covers financial instruments, financial markets and all types of financial intermediation.…

    • 3159 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    Report of the Council of Islamic Idealogy on the elimination of interest from the economy, 1980,…

    • 4823 Words
    • 20 Pages
    Powerful Essays
  • Satisfactory Essays

    Islamic Accounting

    • 302 Words
    • 3 Pages

    Wahba Al Zuhaili (2003), Financial transaction in Islamic jurisprudence, Beirut: Dar al-Fikr al-Mouaser, First Edition, Vol.1: p50.…

    • 302 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Islamic Economics

    • 931 Words
    • 4 Pages

    affording to provide more products, the faster the rate of economic growth the better the living…

    • 931 Words
    • 4 Pages
    Good Essays

Related Topics