Islamic Finance Midterm Prep Flashcards
Riba
interest or usury (literally, “increase/addition”)
Most Islamic banks would agree in theory with a number of basic principles, one being that interest-based lending (generally considered to be riba) should be replaced by Islamic financing contracts based on equity, sale or leasing (p 8).
Halal
Religiously permissible activities. The opposite of hilal is haram (pp 7, 8).
Gharar
deception, hazard, speculation, uncertainty, risk (literally, “peril/hazard”)
asymmetrical information – tendency of merchants to take advantage of the buyers
Transactions involving gharar should be avoided as transactions must be clear and transparent as well as fulfill social and developmental goals (p 8).
Fiqh
principles of jurisprudence
fiqh is the human understanding of sharia
For the traditionalists, the words of the Koran and the Hadith, as well as classical fiqh, are sacred, and the interpretive leeway must be limited (p 19). In other words, everything else should be frowned upon.
Jahiliyah
Age of ignorance, another before Islam - It was a free for all, wealth was often taken as the result of raids (tribal universe) wealth appropriated by attackers
‘ARBUN
like a down-payment
MASLAHA
(public interest – looking at innovations through the lens of public interest – if its good for the public interest then there is nothing wrong with it
DARURA
DARURA (law of necessity) -
example: Islamic revolution in Iran – what to do with wealth of shah – if we want Islamic revolution to survive then that will supersede confiscation of shah’s wealth. ALSO - this concept allows Muslims to deviate from Sharia’ah when necessary - like eating haram foods while traveling (if nothing acceptable is offered). Also applied to “innovation” in Islamic finance products, making them into working financial products, etc.
QARD HASAN
“Good loan” interest free
Zero-interest loan often for non-business AND charity cases. Widows, etc.
Riba al-Jahiliya
doubling principle in exchange for more time
Riba el-fadl
paying back more than you borrow (unlawful excess)
Riba al-nasia
delaying the completion of the exchange (time value of money is accepted and understood – by withholding money for a while you are taking advantage of the lender)
QIYAS
(reasoning by analogy) – how certain innovations were dealt with – central to how problem was framed – beginning of intellectual process
IJMAA
(consensus) – when community of scholars gets together then get to a consensus view – different approaches to this: can have a majority vote
Riba Al-jahiliyah
practice of doubling principle when payment not received, but after a few rounds of increases it would end in enslavement of the borrower (or member of borrower family)
‘Ahb
fulfillment of all pledges
Shurut
stipulations in a contract, not everything put in a contract is seen as acceptable (when a sale is certain, stipulations can’t go into the contract, plus can’t have 2 bargains)
Al Wadiah
deposits, more like safe-keeping, leaving valuables for safe keeping with other merchant (safe-box)
Muslim Pilgrims Savings Corp
early Islamic finance experiments, in Malaysia since 1963
The first Islamic financial institution in Malaysia was the Muslim Pilgrims Savings Corporation set up in 1963 to help people save for performing hajj
Mit Ghamr (Egypt)
early Islamic finance experiments. a financial institution based on profit sharing where people can create savings and can take interest free loans
Function as saving investment institutions who invest mostly by engaging in trade and industry, directly or in partnership with others, and shared the profits with their depositors
Pan Islamism
movement initiated by Saudi Arabia (King Faisal) to Islamize (sp) everything - leading to the gulf model of Islamic Finance and the 1st stage (different from the Malaysia model)
Pan-Islamism is a political movement advocating the unity of Muslims under one Islamic state – often a Caliphate[1] – or an international organization similar to a European Union with Islamic principles.
1973 Arab-Israeli War (timeline big event)
subgroups of OPEC meet and agree on 1st increase of oil pricing, suddenly Islamic nations flushed with money, OPEC also enacted a oil embargo on Israel supporting countries
Islamic Development Bank (IDB)
functioning 1975, like an Islamic World Bank -The purpose of the bank is to foster the economic development and social progress of member countries and Muslim communities individually as well as jointly.
Murabaha ** (more to add)
became bread and butter of Islamic finance, was once cost-plus financing (medieval Islamic contract) to becoming a sales-based transaction with an element of credit from the intermediary (modernized version)
Used as a stop gap/temporary activity as profit/loss sharing was initiated
Fair profit
difference with conventional banks; fair profit does not have a goal of maximizing profit since there are social/economic development concerns to consider, but Islamic banks are not charities
Ristan law
Countries don’t default, so countries are good candidates for loans
Duruaw
small business loan
Glass Steagall Act (United States)
1933-1999, meant to separate commercial and investment activities