Ajr = commission or fee charged for services
Bai al Arboon = deposit-secured sale
A sale agreement in which a security deposit is provided in advance as part payment
towards the price of the commodity. The deposit is forfeited if the buyer does not
meet his obligation.
Bai Bithaman Ajil = deferred payment sale
Also known as Bai Muajjal.
The sale of goods on a deferred payment basis. Equipment or goods requested by the
client are bought by the bank, which subsequently sells the goods to the client
for an agreed price, including a mark-up (profit) for the bank. The client may pay
by installments within a pre-agreed period, or in a lump sum.
This sale works in a similar way to a Murabahah contract, but with deferred payment.
Bai Dayn = debt financing
The provision of financial resources required for production, commerce and services
through the sale and purchase of trade documents and papers. Bai Dayn is a short-term
facility with a year or less maturity. Only documents evidencing debts arising from
bona fide commercial transactions can be traded.
Bai Inah = sale and buy-back
The sale and buy-back of an asset for a higher price than that for which the seller
originally sold it.
A seller immediately buys back the asset he has sold on a deferred payment basis
at a price higher than the original price. This can be seen as a loan in the form
of a sale.
Bai Istijrar = supply sale
When a supplier agrees to deliver to a client on a regular basis at an agreed price
and mode of payment.
Bai Muajjal = see Bai Bithaman Ajil above
Bai Muzayadah = open bidding trading
The principle governing open auctions, where the asset is awarded to the highest
bidder.
Bai Wafa = sale and buy-back
The sale and buy-back of an asset within a set time, when the original buyer agrees
to the original seller's repurchase.
Baitul Mal = treasury
Batil = null and void
Darura = necessity
In an emergency, Muslims may disregard aspects of Shariah laws in order to save
their lives, or to preserve the Islamic community.
Dirham = unit of currency
A unit of currency, usually a silver coin, used in the past in some Muslim countries
and still used in some Muslim countries today, for example Morocco and the UAE.
Fard al Kifa'i = socially obligatory duties
Alternative spelling
= Fard Kifaya
A collective duty of Muslims. The performance of these duties (for example funeral
prayers) by some Muslims absolves the rest from discharging them.
This term covers functions which the community fails to or cannot perform and hence
are taken over by the estate, such as the provision of utilities, or the building
of roads, bridges and canals.
Fasid = unsound or unviable
A forbidden term in a contract, which consequently renders the contract invalid.
Fatwa = religious decree
Alternative spelling = Fatwah
Fiqh = Islamic jurisprudence
The science of the Shariah. An important source of Islamic economics.
Faqih = Shariah jurist
Plural = Fuqaha
Gharar = uncertainty
One of three fundamental prohibitions in Islamic finance (the other two being riba
and maysir). Gharar is a sophisticated concept that covers certain types of haram
uncertainty in a contract. It is an exchange in which one or more parties stand
to be deceived through ignorance of an essential element of the exchange. Gambling
is a form of gharar because the gambler is ignorant of the result of the gamble.
The prohibition on gharar is often used as the grounds for criticism of conventional
financial practices such as short selling, speculation and derivatives.
Hadith = the Prophet's sayings and commentary on the Quran
Hajj = pilgrimage to Mecca
There is a duty on every Muslim who is financially and physically able to carry
out Hajj, the fifth pillar of Islam,atleast once in his lifetime. The pilgrimage
takes place in the week from the 8th until the 13th day of the 12thIslamic month
of Dhul Hijjah.
Hak Tamalluk = ownership right
A tradable asset in the form of ownership rights.
Halal = lawful, permissible
The concept of halal has spiritual overtones. In Islam there are activities, professions,
contracts and transactions that are explicitly prohibited (
haram) by the
Quran or the
Quran. All other activities, professions, contracts and
transactions are halal.
This concept differentiates Islamic economics from conventional economics. In western
finance all activities are judged on economic utility. In Islamic economics, spiritual
and moral factors are also involved – an activity may be economically sound but
may not be allowed in Islamic society if it is not forbidden by the Shariah.
Hanbali = Islamic school of law
Islamic school of law founded by Imam Ahmad Ibn Hanbal. Followers of this school
are known as Hanbalis.
Hanifite = Islamic school of law
One of the major Islamic school of law, founded by Imam Abu Hanifa. Followers of
this school are known as Hanafis.
Haram = unlawful, forbidden
Activities, professions, contracts and transactions that are explicitly prohibited
by the Quran or the Sunnah. See halal above.
Hawala = bill of exchange, remittance
Alternative spelling = Hiwala
A contract which allows a debtor to transfer his debt obligation to a third party
who owes the former a debt. The mechanism of Hawala is used for settling international
accounts by book transfers, thus obviating the need for a physical transfer of cash.
Hanbali = Islamic school of law
Islamic school of law founded by Imam Ahmad Ibn Hanbal. Followers of this school
are known as Hanbalis.
Hanifite = Islamic school of law
One of the major Islamic school of law, founded by Imam Abu Hanifa. Followers of
this school are known as Hanafis.
Haram = unlawful, forbidden
Activities, professions, contracts and transactions that are explicitly prohibited
by the Quran or the Sunnah. See halal above.
Hawala = bill of exchange, remittance
Alternative spelling = Hiwala
A contract which allows a debtor to transfer his debt obligation to a third party
who owes the former a debt. The mechanism of Hawala is used for settling international
accounts by book transfers, thus obviating the need for a physical transfer of cash.
Hibah = gift
A gift voluntarily donated in return for a loan provided or a benefit obtained.
Hila = forbidden structure
A transaction which appears permissible, but is in fact structured in an un-Islamic
way.
Ibra = rebate
When a person withdraws the right to collect payment from a borrower.
Ijarah = leasing
Alternative spelling = Ijara
A lease agreement whereby a bank or financier buys an item for a customer and then
leases it to him over a specific period, thus earning profits for the bank by charging
rental.
The duration of the lease and the fee are set in advance. During the period of the
lease, the asset remains intheownership of the lessor (the bank), but the lessee
has the right to use it. After the expiry of the lease agreement,this right reverts
back to the lessor. This is a classic Islamic financial product.
Ijarah Thumma Bai = leasing to purchase
The principle governing an Ijarah contract at the end of the lease period, when
the lessee buys the asset for an agreed price through a purchase contract.
Ijarah wa Iqtina = buy-back leasing
A hire and purchase mode of financing where an Islamic bank finances equipment,
a building or other facility for the client against an agreed rental, together with
an undertaking from the client to repurchase the facility at the end of the contract.
The rental and the purchase price are fixed so that the bank gets back its principal
sum along with some predetermined profit.
Ijtehad = effort, exertion, industry
A faqhi's endeavor to formulate a rule on the basis of evidence found in the Islamic
sources.
Inan = financial partnership
Istijrar = recurring sale
Different quantities are bought from a single seller over a period of time. Sometimes
it is also referred to transactions whereby seller delivers different quantities
in different installments to complete the full purchase. Some divergence among the
scholars in terms of the timing of fixation and pricing.
Istisnah = advance purchase of goods or buildings
Alternative spellings = Istisna, Istisna'a, Istisna'ah
A contract of acquisition of goods by specification or order, where the price is
paid in advance, or progressivelyinaccordance with the progress of a job. For example,
to purchase a yet to be constructed house, paymentswouldbe made to the builder according
to the stage of work completed.
This type of financing, along with Salam, is used as a purchasing mechanism, and
Murabahah and Bai Bithaman Ajil are for financing sales.
Ittifaq Dhimni = pre-agreed contract
The sale and repurchase of an underlying asset. Prices are agreed in advance, prior
to the contract, to allow the bidding process to take place.
Ju'alal = stipulated price for performing a service
Alternative spelling = Ju'ala
Applied by some in Islamic banking. Bank charges and commission have been interpreted
to be ju'alal by the jurists and thus considered lawful.
Jahl = ignorance (of morality or divinity)
Kafalah = guarantee
Shariah principle governing guarantees. It applies to a debt transaction in the
event of a debtor failing to pay.
Loan (with service charge)
Some Islamic banks give loans with service charges. The Council of the Islamic Fiqh
Academy has resolved that it is permitted to charge a fee for loan-related services
offered by an Islamic bank, provided that the fee relates to service-related expenses.
The service charge can only be calculated accurately after all administrative expenditure
has been incurred (attheend of the year). However it is permissible to levy an approximate
charge on the client, and then reimburse/claimthe difference when the actual expenses
are known.
Maaliki = Islamic school of law
Islamic school of law founded by Imam Malik Ibn Anas. Followers of this school are
known as Maalikis.
Mansil = Shariah compliant property mortgage in the UK
Maysir = gambling
One of three fundamental prohibitions in Islamic finance (the other two being riba
and gharar).
The prohibition on maysir is often used as grounds for criticism of conventional
financial practices such as speculation, conventional insurance and derivatives.
Muamalat = economic transaction
Alternative spellings = Mu'amalah, Mu'amalat, Muamalah
The lease of land or fruit trees for money, or for a share of the crop.
Mudarabah = trust financing, profit sharing
Alternative spellings = Mudaraba, Modaraba, Modarabah
An investment partnership, whereby the investor (the rab al maal ) provides capital
to the entrepreneur (the mudarib ) in order to undertake a business or investment
activity. While profits are shared on a pre-agreedratio, losses are born by the
investor alone. The mudarib loses only his share of the expected income.
The investor has no right to interfere in the management of the business, but he
can specify conditions that would ensure better management of his money. In this
way Mudarabah is sometimes referred to as a sleeping partnership.
A joint Mudarabah can exist between investors and a bank on a continuing basis.
The investors keep their fundsin a special fund and share the profits before the
liquidation of those financing operations that have not yet reached the stage of
final settlement. Many Islamic investment funds operate on the basis of joint Mudarabah.
Mudarib = entrepreneur in a Mudarabah contract
The entrepreneur or investment manager in a Mudarabah who puts the investor's funds
in a project or portfolio in exchange for a share of the profits. A Mudarabah is
similar to a diversified pool of assets held in a discretionary asset management
portfolio.
Mufawadah = equal, unlimited partnership
Murabahah = cost-plus financing
Alternative spellings = Morabaha, Morabahah, Murabaha
A form of credit that enables customers to make a purchase without having to take
out an interest-bearing loan. The bank buys an item and sells it to the customer
on a deferred basis. The price includes a profit margin agreed by both parties.
Repayment, usually in installments, is specified in the contract.
The legality of this financing technique has been questioned because of its similarity
to riba. However, the modern Murabahah has become the most popular financing technique
among Islamic banks, used widely for consumer finance, real estate and the purchase
of machinery and for financing short-term trade.
Musaqah = agricultural contract
A contract in which the owner of agricultural land shares its produce with another
person in return for his services in irrigating the garden.
Musharakah = joint venture, profit and loss sharing
Alternative spelling = Musharaka
An investment partnership in which all partners are entitled to a share in the profits
of a project in a mutually agreed ratio. L osses are shared in proportion to the
amount invested. All partners to a Musharakah contribute funds and have the right
to exercise executive powers in that project, similar to a conventional partnership
structure and the holding of voting stock in a limited company.
This equity financing arrangement is widely regarded as the purest form of Islamic
financing.
The two main forms of Musharakah are:
- Permanent Musharakah: an Islamic bank participates in the equity
of a project and receives a share ofthe profiton a pro rata basis. The length of
contract is unspecified, making it suitable for financing projects where funds are
committed over a long period.
- Diminishing Musharakah: this allows equity participation and sharing
of profits on a pro rata basis, and provides a method through which the bank keeps
on reducing its equity in the project, ultimately transferring ownership of the
asset to the participants. The contract provides for payment over and above the
bank's share in the profit for the equity held by the bank. Simultaneously the entrepreneur
purchases some of the bank's equity, progressively reducing it until the bank has
no equity and thus ceases to be a partner.
Muzara'a = agricultural contract
A contract in which one person works the land of another person in return for a
share in the produce of the land.
Nisab = exemption limit
Exemption limit for the payment of zakat, which differs for different types of wealth.
Qard = loan
Qard Hasan = benevolent loan
Alternative spelling = Qard Hassan
A loan contract between two parties for social welfare or for short-term bridging
finance. Repayment is for the same amount as the amount borrowed. The borrower can
pay more than the amount borrowed so long as it is not stated by contract.
Most Islamic banks provide interest-free loans to customers who are in need. The
Islamic view of loans (qard) is that there is a moral duty to give them to borrowers
free of charge, as a person seeks a loan only if he is in need of it. Some Islamic
banks give interest-free loans only to the holders of investment accounts with them;
some extend them to all bank clients; some restrict them to needy students and other
economically weaker sections of society; and some provide interest-free loans to
small producers, farmers and entrepreneurs who cannot get finance from other sources.
Qimer = gambling
An agreement in which possession of a property is dependant upon the occurrence
of an uncertain event. By implication it applies to those agreements in which there
is a definite loss for one party and a gain for the other, without specifying which
party will gain and which party will lose.
Quran = the holy scriptures of Islam
Rab al maal = the investor in a Mudarabah contract
Alternative spellings = Rab al mal
Rahn = collateral
An arrangement whereby a valuable asset is placed as collateral for a debt. The
collateral may be disposed of in the event of a default.
Riba = interest
An increase, addition, unjust return, or advantage obtained by the lender as a condition
of a loan. Any risk-free or "guaranteed" rate of return on a loan or investment
is riba. Riba in all its forms is prohibited in Islam.
In conventional terms, riba and "interest" are used interchangeably, although the
legal notion extends beyond mere interest.
Riba al Buyu = usury of trade
Also known as riba al fadl.
A sale transaction in which a commodity is exchanged for an unequal amount of the
same commodity and delivery is delayed.
To avoid riba al buyu, the exchange of commodities from both sides must be equal
and instant. Riba al buyu was prohibited by the prophet Mohammad to forestall riba
(interest) from creeping into the economy.
Riba al Diyun = usury of debt
Also known as usury of delay (riba al nasia).
The usury of debt was an established practice amongst Arabs during the pre-Islamic
period. It can occur as an excess increment on top of the principal, which is incorporated
as an obligatory condition of the giving of a loan.
Alternatively, an excess amount is imposed on top of the principal if the borrower
fails to repay on the due date. More time is permitted for repayment in return for
an additional amount. If the borrower fails to pay again, a further excess amount
is imposed, etc.
Ruq'a = payment order
Alternative spellings = Sadaqat
A payment order to draw money from the bank; used in the early Muslim period.
Sadaqah = voluntary charitable giving
Salam = advance purchase
Alternative spellings = Al Salam, Bai al Salam, Bai Salam
Advance payment for goods which are to be delivered at a specified future date.
Under normal circumstances, a sale cannot be effected unless the goods are in existence
at the time of the bargain. However, this type of sale is an exception, provided
the goods are defined and the date of delivery is fixed. The objects of sale must
be tangible goods that can be defined as to quantity, quality and workmanship.
This mode of financing is often applied in the agricultural sector, where the bank
advances money for various inputs to receive a share in the crop, which it then
sells.
Samad = Shariah compliant property mortgage in the USA
Shafi'e = Islamic school of law
Islamic school of law founded by Abu Abdullah Ahmad bin Idris or Imam Shafie. Followers
of this school are known as Shafi'es.
Shari'ah = Islamic jurisprudence
Alternative spellings = Sharia, Shari'a, Shari'ah, Syariah, Syaria, Syari'ah, Syari'a
Islamic cannon law derived from three sources: the Quran, the Hadith and the Sunnah
A "Shari'ah compliant" product meets the requirements of Islamic law.
A "Shari'ah board" is the committee of Islamic scholars available to an Islamic
financial institution for guidance and supervision in the development of Shari'ah
compliant products.
A "Shari'ah advisor is an independent Islamic trained scholar that advises Islamic
institutions on the compliance of the products and services with the Islamic law
Shirkah = partnership
A contract between two or more persons who launch a business or financial enterprise
to make a profit.
Suftajah = bill of exchange
Alternative spellings = Suftaja, Suftajal
A bill of exchange between three parties (the payor, the payee and the transmitter),
which was used for the delegation of credit during the Muslim period, especially
the Abbasides period. It was used to collect taxes, disburse government dues, transfer
funds by merchants and was commonly used by traveling merchants. Suftajahs could
be payable on a future fixed date or immediately.
It differs from the modern bill of exchange in that a sum of money transferred by
suftajah had to keep its identity and payment had to be made in the same currency.
Also it usually involved three persons (A pays a certain sum of money to B for agreeing
to give an order to C to pay back to A). Finally, a suftajah could be endorsed.
The Arabs had been using endorsements (hawala) since the days of the Prophet Muhammad.
Sukuk = Islamic bond
An asset-backed bond which is structured in accordance with Shariah and may be traded
in the market.
A Sukuk represents proportionate beneficial ownership in the underlying asset, which
will be leased to the client to yield the return on the Sukuk.
Sunnah = practice and traditions of the Prophet Muhammad
Tabarru' = Takaful donation
A contract where a participant agrees to donate a pre-determined percentage of his
contribution (to a Takaful fund) to provide assistance to fellow participants. In
this way he fills his obligation of joint guarantee and mutual help should another
participant suffer a loss. This concept eliminates the element of gharar from the
Takaful contract.
Takaful = Islamic insurance
Based on the principle of mutual assistance, Takaful provides mutual protection
of assets and property and offers joint risk-sharing in the event of a loss by one
of the participants. Takaful is similar to mutual insurance in that members are
the insurers as well as the insured.
Conventional insurance is prohibited in Islam because its dealings contain several
haram elements, such as gharar and riba.
Tawarruq = reverse Murabahah
In personal financing, a client with a genuine need buys an item on credit from
the bank on a deferred payment basis and then immediately resells it for cash to
a third party. In this way, the client can obtain cash without taking out an interest-based
loan.
Ujrah = fee
The financial charge for using services, or manfaat (wages, allowance, commission,
etc).
Wadiah = safekeeping
Alternative spellings = Wadia, Al Wadia, Al Wadiah
The safekeeping of goods with a discount on the original stated cost. An Islamic
bank acts as the keeper and trustee of depositors' funds. It guarantees to return
the entire deposit, or any part of it, on the depositor's demand.
The bank may give to the depositor a hibah in appreciation.
Wakalah = agency
Alternative spellings = Wakala, Al Wakala, Al Wakalah
Absolute power of attorney: where a representative is appointed to undertake transactions
on another person's behalf.
In terms of Takaful operations, Wakalah refers to an agency contract, which may
involve a fee for the agent.
Waqf = charitable trust
Plural = Awkaf, Awqaf
An endowment or a charitable trust set up for Islamic purposes (usually for education,
mosques, or for the poor). It involves tying up a property in perpetuity so that
it cannot be sold, inherited, or donated to anyone.
Zakat = religious tax
Alternative spellings = Zakah
An obligatory contribution which every wealthy Muslim is required to pay to the
Islamic state, or to distribute amongst the poor.
According to Islam, zakat – the third pillar of Islam – purifies wealthand souls.
Zakat is levied on cash, cattle, agricultural produce, minerals, capital invested
in industry and business.
There are two types of zakat:
- Zakat al Fitr, which is payable by every Muslim able to pay at
the end of Ramadan. This is also called Zakat al Nafs (poll tax).
- Zakat al Maal is an annual levy on the wealth of a Muslim above
a certain level. The rate paid differs according to the type of property owned.