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Relationship Between Corporate Leaders and Islamic Banks

( This article was published by NST , Malaysia , 2nd August 2006)

By : Ust Hj Zaharuddin Hj Abd Rahman *

A Muslim must know the rulings of Islam pertaining to the obligations and teachings he has to adhere to in his life. He must know the rulings related to purification of the body, the prescribed five daily prayers, and Friday prayer. He has to know the basics in Islam such as the five pillar of Islam and know the implementation, it is known as Fardhu ‘ain (Individual obligation). However, he is not required to go into the details and complex questions which concern scholars more.

The same goes for fasting, zakah, and Hajj. A Muslim should learn the rulings he is to abide by to perform these obligations. As for zakah, if a Muslim has sufficient wealth (which is stipulated in the Shari`ah), he is to know the amount of zakah he must pay in relation to the kind of wealth he possesses.

If he is a merchant or businessman, for example, he is to study the zakah on trade, way to execute correct and valid sale, trading and also to understand the elements of Riba which could be present especially in order to get the business's working capital through loans from any conventional financial institution, it might also be present in the investment and placing company's monies in conventional deposit accounts. All Muslim entrepreneurs must realize that there is no more excuse such as ‘common needs' to justify any subscription to conventional financial and banking products claiming that there is no Islamic products available in the market. It is vital in Shariah, to make sure that all of our business transaction, investment and their sources and users of fund are Shariah compliant or otherwise there will be no ‘Barakah' (blessing from Allah) or the outcome might be worse. Today where there are Islamic Banks and Islamic Financial institutions which has their long list of Islamic products which can be utilized accordingly as well as it offers a lot more benefit for the customer.

The leader or top management of the companies and organization should understand that their responsibility is not just to create wealth for the company but they have also a social ethical responsibility ensuring all of their Muslim staffs or employees are being facilitated with Islamic Financial facilities. In the event that the company is big enough in offering some benefits to their staffs with either a car or home financing etc and if they are already conventional loan given from the management to their employees, there is still a way out and that is by way of refinance all staff's loan with an Islamic product. At this juncture, Islamic banks are able to provide the facility as well as facilitate in the conversion of conventional facility to Islamic. The prophet Muhammad (peace be upon him) has said narrated by At-Tirmidzi "Leave doubt towards undoubted one"

No defense could be used to rationalize the apathy in not providing and facilitating Islamic scheme to the staffs, employees and workers, especially when they themselves prefer and in search for Islamic products to get away from Riba and other prohibited elements in their daily life. Ibn `Umar (May Allah be pleased with them) reported: I heard Messenger of Allah (PBUH) saying, "All of you are guardians and are responsible for your wards. The ruler is a guardian and responsible for his subjects; the man is a guardian and responsible for his family; the woman is a guardian and is responsible for her husbands house and his offspring; and so all of you are guardians and are responsible for your wards.''(al-Bukhari & Muslim)

A leader in any organization, companies and country, must also know what is lawful and unlawful regarding matters of daily working life like how to generate their employees trustworthiness in delivering tasks, understanding the concept of bribery, the do's and don'ts in claiming amount of money from the company, the Shariah rules in doing overtime, truthfulness in utilizing working period etc. Concerning ethics, a Muslim must learn the kind of behavior that he should adhere to. One must not to deviate from the orders that Almighty Allah has ordained, nor is to commit any prohibition. A Muslim is to abide by virtue and shun vice.

However, I would say that, when the management and the employee are involved with Riba and neglected these kinds of ethical concerns, it would go very difficult to manage the above said problems. Allah has said in surah al-Baqarah; 278, meaning: " Allâh will destroy Ribâ and will give increase for Sadaqât (deeds of charity, alms). And Allâh likes not the disbelievers, sinners"

From this verse, a prominent Shariah Scholar, Imam Ibn Hajar al-Haithami explained: "when Allah destroy riba as said in the above verse, that means Allah will destroy anyone and any wealth created from Riba transaction, and the result will be; whoever involves in it will feel very comfortable with doing sins, and feel very encouraging to do it. On the other hand, their hatred to good deeds will increasing from day to day" . ( Az-Zawajir ‘an Iqtiraf al-Kabair). Therefore, a company or organization with this sort of employees will suffer various kinds of problems until it go down to the drain. Good deed but if contrary to Shariah's rule cannot be said as pious deed.

Thus, every Muslim must learn the rulings relevant to his roles in life: a leader must know the rulings regarding leadership, a merchant has to learn the rulings pertaining to trade, a doctor must know the rulings related to medicine, spouses and parents have to learn the rulings concerning their duties and rights, and so on. The prophet Muhammad (peace be upon him) has said narrated by At-Tabrani : " Verily, Allah loves one who does his work with itqan (in order targeted, and certain as well as complete)"

In conclusion, I would say that, Islamic banks and other Islamic Financial institution are now very well prepared to discuss, and ready to engage in constructive dialogue, offer Islamic financial solutions to all of the top corporate leaders to provide their company needs and their employees with various Islamic products including consultation services on how to structure business model which is in line with the Shariah requirement. Only then, Malaysia would be an International Islamic Banking and Finance hub.

* The writer was a Senior Manager, Shariah Coordinator, ASIAN FINANCE ISLAMIC Bank Berhad, Malaysia

4 Major Forbidden Elements In Islamic Finance

1. Riba

An Arabic word meaning: "increase" or "excess"

Tech: an 'increase' which in a loan transaction or in exchange of a commodity accrues 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.

Detailed technical definition:

1) Riba is the contractual difference in the value of 2 or more items of the same type, quality and value when they are exchanged (irrespective of the time-period involved or the type, magnitude or form of the difference)

For instance: when, 1kg of grapes are exchanged for 1.5kg of grapes that are of the same type, quality and value - then the 0.5kg is riba. A more relevant example is: if $100 is exchanged for $110 - then the extra $10 is riba [in these examples; the nature of the exchange is what defines it as a sale, loan, etc. The first type of exchange results in a barter and the second results in a lending/borrowing transaction, the $10 being the 'interest'].

Regarding time-periods; an exchange can be simultaneous or deferred - either way, if the items are the same then any differences in their exchange value is riba.

2) However, a contractual difference in the value of 2 or more items of different (dissimilar) type, quality and value when they are exchanged is not riba (irrespective of the time-frame or the type, magnitude or form of the difference) - if the contractual difference is fixed at the point of the transaction.

For instance: when, 1kg of grapes are exchanged for 1.5kg of apples - then the 0.5kg (of apples) is not riba. Again, a more relevant example is: if 100 pens (value = $1 each) are exchanged for $110 - then the $10 is not riba [it is legitimate profit - i.e. mark-up]. Here, the second type of exchange results in a sale transaction.

3) However, if the agreed difference is changed post-transaction, then the amount of the 'change' is riba.

That is...if the 0.5kg of apples or the $10 is forcibly increased post-transaction to say, 0.8kg or $11, then this 'increase' becomes riba.

4) Classic (jahiliyah) riba is normally that which was charged by the lender for 'extra time to pay' or 'missed payments' when the borrower could not pay the loan within the original time period or within the agreed payment mode. This was expanded by the messenger of God, Mohammed (pbuh) later to include the above definitions - and further expanded by the scholars (fuqu'ha) to include what is known as Riba An-Nasi'ah (differences in time) - which is:


...forced delays in simultaneous exchanges of 2 or more items of the same (similar) type, quality and value - post-transaction (irrespective of the magnitude of the delay).

This is where say, an agreement is reached between 2 parties whereby 1kg of grapes of a particular type, quality and value owned by party A, are to be simultaneously exchanged for 1kg of grapes of the same type, quality and value owned by party B - but rather than carrying out the exchange in real-time (spot), one party unjustifiably delays the exchange (which could potentially put the other party at a disadvantage).

There is no real proof (from the Qur'an or sahih hadith that the above 'differences in time' is actually riba - just that the messenger of God, Mohammed (pbuh) stated that 'like for like' exchanges are to be carried out (and be paid for) in real-time.

"Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt - like for like, equal for equal, payment being made on the spot. If the species differ, sell as you wish provided that payment is made on the spot" - Sahih Muslim

In conclusion: riba is not solely applicable to monetary exchanges or loans as it (under specific circumstances) is also applicable to barter/trade transactions as well. If there is a difference between traditional understanding of the English word "interest" and Riba - then it is here...as normally, 'interest' is almost always applicable in monetary exchanges, whereas of course, riba is not. In other words - interest is riba, but riba is not restricted to just 'interest'.

Definition of the English word 'interest' in relation to financial transactions and riba:

The English word 'interest' (in financial transactions) refers to a surcharge on the repayment of debt (borrowed money), rent paid for the use of money, the fee charged by a lender to a borrower for the use of borrowed money, etc.

Thus, interest is:

A monetary charge applied for the use of money

...and since this charge is an 'increase' in a like for like exchange (money for money) - it is riba and thus forbidden in Islamic law (Shari'ah)


2. Gharar

The Arabic word gharar does not have a universally accepted defintion. However, its general meaning is: unqualified & unquantified uncertainty, hazard, deceit, chance or risk (khatar).

Tech: the element of risk that is unpredictable and has no measurable probability; sale of a thing which is not present at hand; or the sale of a thing whose aqibah (consequence, outcome) is not known; or a sale involving risk or hazard in which one does not know whether it will come to be or not, such as a fish in the water or a bird in the air.

In modern terms - it can refer to a sale of an item on purposefully unclear and ambiguous terms (e.g. sale of a house without giving full details of its structural integrity, how many rooms it has, the size of its boundary, etc).

While the prohibition of riba is absolute, some degree of gharar or uncertainty is acceptable in the Islamic framework. Only conditions of excessive gharar need be avoided


3. Maysir

An ancient Arabian game of chance played with arrows without heads and feathering, for stakes of slaughtered and quartered camels.

Tech: it came to be identified for all types of games of chance - i.e. gambling (the Islamic definition of which is: a game of chance where there is a material loss for the loser )

Also referred to as Qimar


4. Zulm

A comprehensive Arabic term used to refer to all forms of inequity, injustice, exploitation, oppression and wrong doing, whereby a person either deprives others of their rights or does not fulfil his obligations towards them.

Also refers to trading in items the use of which is prohibited in Islamic law (Shari'ah) such as intoxicants (e.g. alcoholic drinks & illegal recreational drugs), pork, etc

Source : www.zaharuddin.net

Exam for Takaful Agents

Association, Institute To Introduce Exam For Takaful Agents

KUALA LUMPUR, Nov 22 (Bernama) -- The Malaysian Takaful Association (MTA) and the Islamic Banking and Finance Institute of Malaysia today signed a memorandum of understanding (MOU) to jointly develop and introduce the takaful basic examination (TBE).

The TBE is an entry qualification for takaful agents and executives in the financial services industry promoting takaful products and services.

"It is a compulsory qualification. We believe it will enhance the efficiency as well as professionalism of takaful marketing representatives," MTA chairman, Md Azmi Abu Bakar, told reporters after the signing of MOU here Wednesday.

Upon completion of the TBE programme, candidates are expected to be conversant with the takaful concepts, operations of family (life) takaful and general (non-life) takaful, Syariah issues on takaful, takaful products and ethical practices in takaful business.

Meanwhile, the International Centre for Education in Islamic Finance (INCEIF) has signed a MOU with takaful operators on Certified Islamic Finance Professional (CIFP) programme for takaful senior executives.

INCEIF's chief executive officer, Agil Natt, said the objective of the CIFP programme was to ensure that all senior managers of takaful operators had the knowledge not only in takaful industry but also in Islamic banking and finance.

"The programme will enable takaful professionals to better serve the industry and eventually lead to the growth of takaful industry," Agil said.

-- BERNAMA