ISLAMIC BANKING TERMINOLOGY

 ISLAMIC BANKING TERMINOLOGY

ISLAMIC BANKING MODES & TERMINOLOGY

 

Al-wadeah : Al-wadeah Current Account on the principles of Al-wadeah. The Bank commits to refund money deposited in these Accounts on the demand of customers. On the other hand the Bank takes permission from customers that the Bank may utilize their money. Customers may operate these Accounts as their desires. No profit is disbursed in these Accounts and depositors do not bear any loss.

 

Al-Wadeeah (BB) :  Fund which is deposited with Banks by the depositors with clear permission to utilize /invest the same is called Al-Wadeeah. Islamic banks receive deposits in Current Accounts on the basis of this Al-Wadeeah Principle. Islamic banks obtain permission from the Al-Wadeeah depositors to utilise the Funds at its own responsibility and the depositors would not share any profit or loss earned/incurred out of using of this funds by the bank. The banks have to pay back the deposits received on the principle of Al-Wadeeah on demand of the

holders. The depositors have to pay government taxes and other charges, if any.

 

Bai‘ Muajjal : Literally it means a credit sale. Technically, a financing technique adopted by Islamic banks that takes the form of Murabaha Muajjal. It is a contract in which the seller earns a profit margin on his purchase price and allows the buyer to pay the price of the commodity at a future date in a lump sum or in installments. He has to expressly mention cost of the commodity and the margin of profit is mutually agreed. The price fixed for the commodity in such a transaction can be the same as the spot price or higher or lower than the spot price.

 

Bai-Istijrar: The term "Bai-Istijrar" has been derived from Arabic words بيع and جر (Bai and Zarra). The word بيع means to purchase and to sell and the word جر means to hoist, to lift up, pick up, bring up. "Istijrar" (استجرار ) means to purchase goods from time to time in different quantities. In Islamic jurisprudence ‘Istijrar’ is an agreement where a buyer purchases something under a single agreement in different instalments. However, no offer and acceptance or bargain is required each time. The deal will be considered as a single agreement where all terms and conditions are finalized.

 

"Bai-Istijrar" is called such a buying and selling where a person keeps  on taking delivery of required commodities part by part from time to time from a supplier and no offer(Ijaab) & acceptance (Qobul) and bargaining between them  is taken place each time of making and taking delivery.

 

Bai-as-Sarf:  Bai- as-Sarf is a contract of exchange of money for money. This contract is tightly regulated under Shari`ah because it can be easily manipulated for the purpose of producing an interest-bearing loan, which is prohibited in Islam.

 

In pre-Islamic times gold was exchanged for gold, silver for silver and gold for silver or vice versa. In Islamic law such exchange is regarded as sale of price for price and each price is consideration of the other. It also means sale of monetary value for monetary value i.e. currency exchange.

 

Ibn Rushd examines the three forms of sale that can arise in a market where goods and money are in existence:

 

"When two commodities are exchanged, one may serve as a currency and the other as a priced commodity, or both may be currencies. When a currency is exchanged for a currency the sale is called 'sarf', and when a currency is exchanged for a priced commodity, the transaction is sale property ('bay'). Similar is the sale of a priced commodity for another priced commodity (barter)"

 

In respect of Bank, Bai-as-Sarf is a contract/agreement between the Bank and the Client under which the Bank purchase the foreign currency against the Foreign documentary bill in advance from the Client at specified/agreed exchange rate.

 

“Bai-as-Sarf (FDB) ” is practiced for providing post shipment finance facility against Foreign Currency export Bills and “Bai-as-Sarf (FCD) ” is done for providing advance finance facility against Foreign Currency Cheque /Draft.

 

Hire Purchase under Shirkatul Meelk :Under this mode Bank may supply implements/ equipment/goods on rental basis. The ownership of the implements/equipment/goods will be with the Bank and the client jointly and the portion of the client will remain to the Bank as mortgage until the closure of the investment account, but the client will be authorized to possess the equipment for certain period. The client, after completion of the installments, will be the owner of the implements/ equipment/goods.

 

Hire Purchase under Shirkatul Melk is a Special type of contract which has been developed through practice. Actually, it is a synthesis of three contracts:

 

Shirkat

Ijarah

Sale

 

These may be defined as follows:

 

Shirkatul Melk

 

Shirkat means partnership. Shirkatul Melk means share in ownership. When two or more persons supply equity, purchase an asset, own the same jointly, and share the benefit as per agreement and bear the loss in proportion to their respective equity, the contract is called Shirkatul Melk contract.

 

Ijarh

The term Ijarah has been derived from the Arabic works (Air) and (Ujrat) which means consideration, return, wages or rent. This is really the exchange value or  consideration, return, wages, rent of service of an asset. Ijarah  has been defined as a contract between two parties, the Hire and Hirer where the Hirer enjoys or reaps a specific service or benefit against a specified consideration or rent from the asset owned by the Hire. It is a hire agreement under which a certain asset is hired out by the Hire to a Hirer against fixed rent or rentals for a specified period.

 

 

Related Terminologies or Elements of Ijara

 

 

According to the majority of Fuqaha, there are three general and six detailed elements of Ijarah.

 

The wording :  This includes offer and acceptance.

 

Contracting parties : This includes a Hire, the owner of the property, and a Hirer, the party that benefits from the use of the property.

 

Subject matter of the contract : This includes the rent and the benefit.

 

The Hire (Muajjir)-     The individual or organization hires/rents out the property of service is called the Hire (muajjir).

 

 The Hirer (Mustajir)- The individual or organization hires/takes the hire of the property or service against the consideration rent / wages / remuneration is called the Hirer (mustajir).

 

The benefit / asset (Maajur) -  The benefit which is hired / rented out is called the benefit (maajur).

 

The Rent (Aj’r or Ujrat) -  The consideration either in monetary terms or in kinds fixing quantity of goods / money to be paid against  the benefit of the asset or service of the asset is called the rent or ujrat or aj’r.

 

Sale

This is a sale contract between a buyer and a seller under which the ownership of certain goods or asset is transferred by seller to the buyer against agreed upon price paid / to be paid by the buyer.

 

Thus, in Hire Purchase under Shirkatul Melk mode both the Bank and the Client supply equity in equal or unequal proportion for purchase of an asset like land, building, machinery, transports etc. Purchase the asset with that equity money, own the same jointly, share the benefit as per agreement and bear the loss in proportion to their respective equity. The share, part or portion of the asset owned by the Bank is hired out to the Client partner for a fixed rent per unit of time for a fixed period. Lastly the Bank sells and transfers the ownership of it’s share / part / portion to the Client against payment of price fixed for that part either gradually part by part or in lump sum within the hire period or after the expiry of the hire agreement.

 

Bai Murabaha: The term ‘Bai-Murabaha’ has been derived from Arabic words ﻊﻴﺒ and ﺢﺑﺭ (Bai’un and Ribhun). The word ﻊﻴﺒ means purchase and sale and the word ﺢﺑﺭ means an agreed upon profit. ﺍﻠﻤﺮﺍﺒﺢ ﻊﻴﺒ ‘Bai-Murabaha’ means sale on agreed upon profit.

 

Bai-Murabaha may be defined as a contract between a buyer and a seller under which the seller sells certain specific goods (permissible under Islamic Shariah and the Law of the land), to the buyer at a cost plus agreed profit payable in cash or on any fixed future date in lump-sum or by installments. The profit marked-up may be fixed in lump-sum or in percentage of the cost price of the goods.

 

Bai-Salam : Bai-Salam means a contract in which advance payment is made for goods to be delivered later on. The seller undertakes to supply some specific goods to the buyer at a future date in exchange of an

advance price fully paid at the time of contract. According to normal rules of  the Shariah , no sale can be effected unless the goods are in existence at the time of the bargain, but  Salam sale forms an exception given by the Holy

Prophet (SAW) himself to the general rule provided the goods are defined and the date of delivery is fixed. It is necessary that the quality of the commodity intended to be purchased is fully specified leaving no ambiguity

leading to dispute. The objects of this sale are goods and cannot be gold, silver or currencies because these are regarded as monetary values exchange of which is covered under rules of Bai al Sarf , i.e. mutual exchange is hand

to hand without delay. Barring this, Bai-Salam covers almost everything which is capable of being definitely described as to quantity, quality and workmanship.

 

Compensation: "Compensation" means such financial penalty as is imposed by a Islamic Banking Company over and above the amount of installment when a client fails to repay Bank's investment on due dates as per the agreement executed by him.

 

jarah : Letting on lease.Sale of a definite usufruct of any asset in  exchange  of  definite  reward.    It  refers  to  a  contract  of  land  leased  at  a  fixed  rent  payable  in  cash  and  also  to  a  mode  of  financing  adopted  by  Islamic  banks.    It  is  an  arrangement  under  which  the  Islamic  banks  lease  equipments, buildings or other facilities to a client, against an agreed rental.

Investment : “Investment" means any such modes of financing which Islamic Bank Company does in accordance with principles of Shariah or as per the Shariah approved modes like Mudaraba, Musharaka, Bai-Murabaha, Bai-Muajjal, Istisna, Lease, Hire-purchase under Shirkatul Melk, etc.

 

 

Istisna’a : It  is  a  contractual  agreement  for  manufacturing  goods  and  commodities,  allowing  cash  payment  in  advance  and  future  delivery or a future payment and future delivery.  A manufacturer or builder agrees to produce or build a well described good or building at a given price on a given date in the future. Price can be paid in installments, step by step as agreed between the parties.  Istisna’a can be used for providing the facility of financing the manufacture or construction of houses, plants, projects, and building of bridges, roads and highways.

 

Gharar : It  means  any  element  of  absolute  or  excessive  uncertainty  in  any  business  or  a  contract  about  the  subject  of  contract  or  its  price,  or  mere  speculative  risk.    It  leads  to  undue  loss  to  a  party  and  unjustified  enrichment of other, which is prohibited.

 

Heba : Heba is a term defined in the Shariah law or Islamic law which means gift. Heba is affected through a deed which needs to be registered with the proper authorities to ensure it's effectiveness. Heba is usually done when one wants to gift their property to someone else.

 

Ijab : Offer, in a contract.

 

Kobul: Kobul means the acceptance of offer. Kobul is acceptance of offer or to agree with offer or to attract anything.

 

Kafalah (Suretyship) : Literally, Kafalah means responsibility,  amenability or suretyship, Legally  in  Kafalah  a  third  party  become surety for the payment of debt. It is a pledge given to a creditor that

the  debtor  will  pay  the  debt,  fine  etc. Suretyship  in  Islamic  law  is  the  creation of an additional liability with regard to the claim, not to the debt or the assumption only of a liability and not of the debt.

 

Kafalah:

A contract of guarantee or surety that provides assurance in terms of performance and value when the object of the transaction is exposed to adverse change due to varying outcomes.

 

Kafalah is the guarantee for a loan and all loans must be repaid in due course according to Islamic law. The law allows the lenders to demand some sort of security for the loan in the cases where the borrower fail to repay the loan.

 

Kafil: Al-kafil is the one who joins his liability to that of the principal (al-makful or al-makful anhu) in claims regarding debts, personal injury or material assets.

 

Al-kafil is also spelled "al-kafeel".

 

Al-Kafil is an Arabic word for guarantor.

 

Maisir: An ancient Arabian  game  of  chance  played  with arrows without heads and feathering, for stakes of slaughtered and quartered camels. It came to be identified with all types of hazard and gambling.

 

Mudarabah: A form of partnership where one party provides the  funds  while  the  other  provides  expertise  and  management.The latter is  referred to as the Mudarib. Any profits accrued are shared between the two parties  on  a  pre-agreed  basis,  while  loss  is  borne  by  the  provider(s)  of  the 

capital.

 

Mudaraba (BB):

Mudaraba is a partnership of labour and capital, where one partner provides full capital and the other one manages the business. The capital provider is called Sahib-Al-Maal and the user of the capital is called Mudarib. As per Shariah principles, the Mudarib will conduct the business independently following Shariah principles. The Sahib-Al-Maal may provide advices, if he deems fit but he can not impose any decision over the Mudarib. Profit, if any, is divisible between the Sahib-Al-Maal and the Mudarib at a predetermined ratio, while loss, if

any, is borne by the Sahib-Al-Maal. Mudarib can not avail of any salary or remuneration against his labour as a manager or conductor of the enterprise/business. The deposits, received by Islamic banks under this principle are called Mudaraba Deposits. Here, the depositors are called Sahib-Al-Maal and the bank is called Mudarib. The Mudaraba deposits include:

 

i) Mudaraba Savings Deposits (MSD)

ii) Mudaraba Short Notice Deposits (MSND)

iii) Mudaraba Term Deposits (MTD).

 

Different Islamic banks have developed various deposit schemes on the basis of this Mudaraba principle such as monthly deposit-based Hajj Scheme, Monthly/One time depositbased Term Deposit Scheme, Monthly Mudaraba Profit Deposit Scheme, Monthly Mudaraba Marriage Savings Scheme, Mudaraba Savings Bond etc.

 

 

Murabaha : Literally it means a sale on mutually agreed profit. Technically,  it  is  a  contract  of  sale  in  which  the  seller  declares  his  cost  and  the  profit.    This  has  been  adopted  by  Islamic  banks  as  a  mode  of  financing. As a financing technique, it can involve a request by the client to the bank to purchase a certain item for him.  The bank does that for a definite profit over the cost which is stipulated in advance.

 

Musharakah: Musharakah  means  a  relationship  established under  a  contract  by  the  mutual  consent  of  the  parties  for  sharing  of  profits  and losses in the joint business.  It is an agreement under which the Islamic bank  provides  funds  which  are  mixed  with  the  funds  of  the  business  enterprise  and  others.    All  providers  of  capital  are  entitled  to  participate  in management,  but  not necessarily  required  to  do  so. The  profit  is  distributed  among  the  partners  in  pre-agreed  ratios,  while  the  loss  is  borne  by  every  partner strictly in proportion to respective capital contributions.

 

Qabul: Acceptance, in a contract; see also Ijab.

 

Qard (Loan of fungible objects): The literal meaning of Qard is  ‘to  cut’.    It  is  so  called  because  the  property  is  really  cut  off  when  it  is given to the borrower.  Legally, Qard means to give anything having value in the  ownership  of  the  other  by  way  of  virtue  so  that  the  latter  could  avail  of  the  same  for  his  benefit  with  the  condition  that  same  or  similar  amount  of  that  thing  would  be  paid  back  on  demand  or  at  the  settled  time. It  is that loan  which  a person  gives  to  another  as  a  help,  charity  or  advance  for  a  certain  time.  The  repayment of  loan  is  obligatory. The Holy  Prophet  is  reported to have said “.....Every loan must be paid......”. But if a debtor is in  difficulty,  the  creditor  is  expected  to  extend  time  or  even  to  voluntarily  remit the whole or a part of the principal.  Qard is, in fact, a particular kind of Salaf. Loans/Investments under Islamic law can be classified into Salaf and Qard, the former  being  loan  for  fixed  time  and  the  latter  payable  on  demand.

 

Quard Hassan:

 

This is a benevolent loan/Investment that obliges a borrower to repay the lender the principal amount borrowed on maturity. The borrower, however, has the discretion to reward the lender for his loan by paying any amount over and above the amount of the principal provided there will be no reference (explicit or implicit) in this regard. If a bank provides its client any loan, it can receive actual expenditure relating to the loan as service charge only once. It can not charge annually at a percentage rate.If a loan is provided against the money deposited by a client in the bank, it has the right not to pay any profit against the amount of money given as loan. But profit should be paid on the rest of the amount deposited as per previous agreement.

 

Riba : An excess or increase.  Technically, it means an increase over principal in a loan transaction or in exchange for a commodity accrued to the owner  (lender)  without  giving  an  equivalent  counter-value  or  recompense  (‘iwad) in return to the other party; every increase which is without an ‘iwad or equal counter-value.

 

Riba  Al-Fadl  :Riba  Al-Fadl  (excess)  is  the  quality  premium in exchange of low quality with better quality goods e.g. dates for dates,  wheat  for  wheat,  etc.  –  an  excess  in  the  exchange  of  Ribawi  goods  within a  single   genus.   The   Concept   of   Riba Al-Fadl   refers   to   sale  transactions while Riba Al-Nasiah refers to loan transactions.  

 

Riba Al-Nasiah: Riba Al-Nasiah or riba of delay is due to  exchange  not  being  immediate  with  or  without  excess  in  one  of  the  counter values.  It is an increment on principal of a loan or debt payable.  It refers  to  the  practice  of  lending  money  for  any  length  of  time  on  the understanding that the borrower would return to the lender at the end of the period   the   amount   originally   lent   together   with   an   increase   on   it,   in   consideration  of  the  lender  having  granted  him  time  to  pay.    Interest,  in  all  modern  banking  transactions,  falls  under  purview  of Riba  Al-Nasiah.  As  money  in  present  banking  system  is  exchanged  for  money  with  excess  and  delay, it falls, under the definition of riba.  A general accord reached among scholar about its prohibition. 

 

Salaf  or Loan / Debt : The word Salaf- literally means a loan which draws forth no profit for the creditor. In wider sense, it includes loans for specified periods, i.e. short, intermediate  and  long-term  loans. Salaf  is  another  name  of  Salam  as  well  wherein  price  of  the  commodity  is  paid  in  advance  while  the  commodity  or  the  counter  value  is  supplied  in  future;  thus the  contract  creates  a  liability  for  the  seller.  Amount  given  as  Salaf  cannot be called back, unlike Qard, before it is due. (see Qard)

 

Shariah : The  term  Shariah  refers  to  divine  guidance  as  given by the Holy Qur’an and the Sunnah of the Prophet Muhammad (PBUH) and embodies all aspects of the Islamic faith, including beliefs and practice.

 

Shirkah : A contract between two or more persons who launch a business or financial enterprise to make profits.  In the conventional books of  Fiqh,  the  partnership  business  has  been  discussed  under  the  option  of  Shirkah that, broadly, may include both Musharakah and Mudarabah.

 

Sunnah : Custom, habit or way of life.  Technically, it refers to the utterances of the Prophet Muhammad (PBUH) other than the Holy Quran known as Hadith, or his personal acts, or sayings of others, tacitly approved by the Prophet.

 

Salam and Parallel Salam: Salam means advance purchase. It is a mode of business under which the buyer pays the price of the goods in advance on the condition that the goods would be supplied / delivered at a particular future time. The seller supplies the goods within the fixed time.

 

Parallel Salam:

 

Parallel Salam is a Salam contract whereby the seller depends, for executing his obligation, on receiving what is due to him - in his capacity as purchaser from a sale in a previous Salam contract, without making the execution of the second Salam contract dependent on the execution of the first one.

 

The following conditions are essential in the contracts of Murabaha, Bai-Muajjal and Salam. The respective contracts must include the following aspects regarding the goods:

 

* Number/Quantity

* Quality

* Sample

* Price and amount of profit

* Date of supply/time limit

* Place of supply

* Who will bear the cost of supply?

* Timeframe for payment in case of Bai-Murabaha and Bai-Muajjal.

 

Istisna and parallel Istisna: A contract executed between a buyer and a seller under which the seller pledges to manufacture and supply certain goods according to specification of the buyer is called Istisna. An Istisna agreement is executed when a manufacturer or a factory owner accepts a proposal placed to him by a person or an Institution to produce/manufacture certain goods for the latter at a certain negotiated price.

 

 Here, the person giving the order is called Mustasni, the receiver of the order is called Sani and the goods manufactured as per order is called Masnu. An order placed for manufacturing or producing those goods which under prevailing customs and practice are produced or manufactured will be treated as Istisna contract.

 

 

Parallel Istisna:

 

 If it is not stipulated in the contract that the seller himself would produce/provide the goods or services, then the seller can enter into another contract with third party for getting the goods or services produced/ provided by the third party. Such a contract is called Parallel Istisna.

 

This may be treated as a sub-contract. The main features of this contract are:

 

 i) The original Istisna contract remains valid even if the Parallel Istisna contract fails and the seller will be legally liable to produce/ provide the goods or services mentioned in the Istisna contract.

 

 ii) Istisna and Parallel Istisna contracts are treated as two separate contracts.

 iii) The seller under the Istisna contract will remain liable for failure of the sub-contract.

 

Waqf: Awqaf (also spelled awkaf, singular waqf/wakf) is an Arabic word meaning assets that are donated, bequeathed, or purchased for being held in perpetual trust for general or specific charitable causes that are socially beneficial. In many ways, the concept of waqf is similar to the Western concept of endowment.

 

Wakala: Wakalah refers to a contract where a party, as principal (muwakkil) authorizes another party as his agent (wakil) to perform a particular task on matters that may be delegated, with or without imposition of a fee.