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Shariah Resolutions In Islamic Finance

Categorise by Alphabet

Terms		Explanation
Akad istithaq		Contract of guarantee
Akad isytirak		Contract of partnership such as
Akhz al-ajr `ala al-jah		Charging fee for someone’s reputation
Akhz al-ju`l `ala ruqyah min al-Quran		Charging fee for treatment/ medication using verses of al-Quran
Al-`adah muhakkamah		Common practice as basis of the ruling
Al-ajl		Deferment
Al-bai`		Sale contract
Al-bai` wa al-salaf		Sale contract with credit term
Al-ijarah thumma al-bai`		Lease contract followed by ownership of asset through a sale contract
Al-muqasah al-ittifaqiyyah		Offsetting by mutual agreement by contracting parties
Al-muqasah al-jabariyyah		Offsetting by order of the authority
Al-naqd yalid al-naqd		Money begets money
Al-wa`d bi al-tamlik		Promise to own or acquire ownership

Terms		Explanation
Bai` `inah		Sale contract followed by repurchase by the seller at a different price
Bai` dayn		Sale of debt
Bai` al-dayn bi al-dayn		Sale of debt with debt
Bai` sarf		Sale of currency
Bai` al-usul bi al-khasm		Sale of asset at discount
Bai` al-kali’ bi al-kali’		Sale of debt with debt
Bai` bithaman ajil		Sale contract based on deferred payment at certain price
Bai` mu’ajjal		Refer bai` bithaman ajil
Bai` muzayadah		Sale contract based on bidding or auction
Bai` salam		Sale contract based on order of certain asset with certain specifications
Bai` wadhi`ah		Sale contract with a price lower than acquisition cost
Bai`atain fi al-bai`ah		Two sales contracts within one sale contract

Terms		Explanation

Terms		Explanation
Dayn ghair thabitah		Debt which is not yet established
Dayn mustaqir		Debt which the liability to pay is established
Dayn thabit		Debt which is fixed
Dhaman		Guarantee
Dharar		Harm
Dhawabit		Guidelines
Dho` wa ta`ajjal		Reducing the amount of debt when the debtor make early settlement

Terms		Explanation

Terms		Explanation
Facultative		Retakaful agreement executed between a takaful company and another takaful company (including conventional insurance company), and the takaful company which underwrites the risks is having the option to distribute or cede whereas the latter or conventional insurance company has the option to receive or refuse the risks
Faraid		The knowledge or rules on estate distribution according to Islamic principles
Fasakh		Termination
Fasid		Defective, invalid
Fiqh muamalat		A discipline of knowledge that discusses the rules relating to human affairs
Fuqaha		Fiqh scholars

Terms		Explanation
Gharamah		Fine/penalty
Gharar		Uncertainty
Gharar yasir		Minimal uncertainty
Ghasb		Confiscation or unlawful seizure of property

Terms		Explanation
Hajah		Need
Hamish jiddiyyah		Security deposit
Hibah ruqba		A gift during the lifetime of the giver or recipient of hibah with a condition that the death of a party (either the giver or recipient of hibah) is the effective condition for ownership of the property by the surviving party
Hibah umra		A gift during the lifetime of the recipient or giver of hibah on the condition that the property will be returned to the giver in case of death of the recipient

Terms		Explanation
Ibra’		Rebate/waiver of partial or total claim against certain right or debt
Ibra’ mu`allaq		which is subject to certain condition and if the condition is satisfied, the ibra’ will be given
Ibra’ muqayyad		which is limited by certain contition
Ijarah		Lease or service contract that involves benefit/usufruct of certain asset or work for an agreed payment or commission within an agreed period
Ijarah muntahia bi al-tamlik		Lease contract which ends with acquisition of ownership of the asset by the lessee
Ijtihad		Rigorous thinking and efforts by scholars who have attained the degree of mujtahid in order to issue certain Shariah ruling definitely in a matter which is not clearly provided in al-Quran or Sunnah
Isqat al-haq		Waive of right
Istiqrar ta`amul		"Smooth running of market
Istisna` muwazi		Parallel
Ittifaqiyyah		Mutual agreement

Terms		Explanation
Jumhur		Majority

Terms		Explanation

Terms		Explanation
Makful `anhu		Guaranteed party
Makful lahu		Recipient of guarantee or beneficiary
Mani` Syar`ie		Shariah impediment
Marhun		Charged property
Maslahah		Public interest
Masnu`		Manufactured item
Maysir		Gambling
Mu`ayyan bi al-zat		Clearly identifiable and determinable in terms of location, quantity and quality
Mubara’ah		Mutual waiving of right
Mudarabah		Profit sharing contract
Mudarib		Entrepreneur of a mudarabah joint venture
Mulzimah		Binding
Muqaradah		Refer mudarabah
Muqasah		Offsetting
Muqtada al-`aqd		Objective of the contract
Murabahah		Sale contract with a disclosure of the of the asset cost price and profit margin to the buyer
Murtahin		A party who asks for collateral
Musahamah		Mutual contribution
Musawamah		Sale contract without the disclosure of the asset cost price and profit margin to the buyer
Musya`		A feature of a jointly owned asset that cannot be separated or divided
Musyarakah		Profit and loss sharing
mutanaqisah		A contract of partnership that allows one (or more) partner(s) to give a right to gradually own his share of the asset to the remaining partners based on agreed terms
Musyarik		Partner
Muta`arafan		Becoming common practice
Muwa`adah		Binding promise of both parties

Terms		Explanation
Nafaqah		Cost of liability

Terms		Explanation

Terms		Explanation

Terms		Explanation
Qabd		Possession over a particular asset
Qard		Loan contract
Qard hasan		Benevolent loan
Qawl al-jadid		New opinion
Qawl al-qadim		Earlier opinion
Qimah ismiyyah		Nominal price
Qimah suqiyyah		Market price
Qiradh		Refer mudarabah
Qiyas		Analogy

Terms		Explanation
Rabbul mal		Capital owner/investor
Rahin		Chargor
Rahn		Pledge/charge
Rahn al-musya`		Charge on a jointly owned asset
Rahn rasmi		Surrender of charge via formal record in the registry of the authority

Terms		Explanation
Sadd zarai`		Shariah approach in blocking the means that may lead to a person’s involvement in forbidden matters
Sighah		The pronunciation of offer and acceptance
Siyasah Syar`iyyah		Basis and approach taken by the ruler for the interest of the nation and the people which is in line with Shariah principles
Sukuk Islamic		securities/bonds
Sukuk commodity murabahah		Islamic securities based on tawarruq contact
Sukuk ijarah		Islamic securities based on ijarah contact
Syahadah al-dayn		Debt certificate
Syubhah		Doubt

Terms		Explanation
Ta`awun		Helping each other
Ta`widh		Compensation
Tabarru`		Voluntary donation/contribution
Takaful		A scheme which is based on the spirit of cooperation and helping each other by providing financial assistance to participants when needed and all participants mutually agree to give contribution for the said purpose
Taklufah		Actual cost
Takyif		Adaptation
Takyif fiqhi		Fiqh adaptation
Tanazul		Waive of the entitlement to claim
Taqyid		Limiting
Tasarruf		Dealing
Tawarruq / commodity murabahah		Purchasing an asset with deferred price, either on the basis of musawamah or murabahah, then selling it to a third party to obtain cash
Tawatu’		Pre-arrangement
Treaty		Retakaful agreement between a takaful company and another takaful company (including conventional insurance company) which requires the takaful company to distribute or cede its underwritten risks and the takaful company or conventional insurance company which had concluded the agreement shall undertake the risks

Terms		Explanation
Ujr `ala wakalah		Agency fee
Ujrah		Commission

Terms		Explanation

Terms		Explanation
Wa`d		Promise
Wa`d bi al-syira’		Promise to buy
Wa`d mulzim		Binding promise
Wadi`ah		Safe keeping contract in which a party entrusted his property to another party for safe keeping and to be returned upon request
Wakaf		A form of endowment by an owner of a property for public benefit and wellbeing which is allowed by Shariah
Wakalah		Agency contract
Wasi		A person appointed to execute a will

Terms		Explanation

Terms		Explanation

Terms		Explanation
Zari`ah ila riba		leading to riba
Zan al-ghalib		Presumption that is closer to certainty
Zimmah		Liability