MAX 8 Judgement based on knowledge & understanding Flashcards
AL HUKM
judgement
HUKM SYAR’I
judgment from Allah stated in Quran
islamic law
5 HUKUM IN SYARIAH
wajib / obligatory mandub / recommended makruh / adversity haram / prohibited mubah / permissible
SHAY’
thing
FAR’ / FURO’ plural
branch / subsidiary ( a part )
TASAWWUR
infinite of the verb tasawwur (masdar)
yatasawwaru- imagine (gambaran)
SUBJECT MATTER
new issue cause new ruling / change in judgement (fatwa) based on quranic & hadith sources. market observation
EXAMPLE OF NEW ISSUE NEW ERA
i.e: drug is not permissible but not stated in Quran
Fatwa by qiyas (comparison/similarity approach) : anything with excess consumption that will lead harm to society is not permissible as it is contradict with the Maqasid Shariah to protect life
JUDGEMENT ALIGNED WITH HUKM SYAR’I AND ____
proof and evidence need to execute decision making
i.e: invoice of debt payment
THIRD CONDITION OF JUDGEMENT
have good knowledge > assumption may lead to fitnah
i.e: artist gossip / rumor from false news , don’t share,like,comment on fake posting
APPLICATION IN ISFIN
Late payment charges
i.e: ta’widh (compensation) - max 1% of unearned revenue recognised as bank revenue , to be declare as default risk of late payment
i.e: gharamah (penalty) - CONVENTIONAL bank, bank charge 1% and channeled to charity
SECOND APPLICATION ISFIN
Loan Approval
- investage customer backgrround (credit check, paysilp_ b4 grant financing)
- not rely on assumption instead proof and evidence
- reason: cust able to bear debt in future