THIS ONE IS ONE OF MY ASSIGNMENT THAT I HAVE DONE ABOUT WHAT IS PROHIBITED IN ISLAMIC TRANSACTIONS AND ALSO ISLAMIC BANKING PRODUCTS
During on Hari
Raya Aidilfitri, I and my family went back for holiday. We were really excited
to go back at our hometown because can meet our relatives where we are long
time no see. I am in the middle of taking
fresh air outside the grandmother's house, suddenly Pak Su called me over
sitting on the porch of Grandma's house.
Pak Su : How are you Aimi?
Me : Alhamdulillah, I’m fine
thank you. How about Pak Su?
Paksu : Alhamdulillah, I’m fine. So how is your study back
there Aimi? It is going
smoothly or
not?
Me : Erm.. So so la Pak Su.
There Islamic term that I need to understand well.
Pak Su : Really? (With full of impression)
Can you tell me a bit about what you have
learned back
there.
Me : Well as you know now I am taking Bachelor
Islamic Banking and Finance
which is
difference course when I’m taking diploma before this. Do you
know Islamic
banking has actually been in Malaysia around 1963.
Pak Su : Really? I never know that Islamic
bank is already exist in Malaysia since
1963. Then
what is the first Islamic bank in Malaysia?
Me : The first Islamic bank in Malaysia is Perbadanan
Wang Simpanan Bakal-
Bakal Haji (PWSBH) was established. Then in
1969 PWSBH merged with
Pejabat
Urusan Haji to form Lembaga Urusan dan Tabung Haji and now
known as
Lembaga Tabung Haji.
Pak Su :
Owh I see. After Lembaga Tabung Haji what is the second Islamic bank?
Me : Then the
second Islamic bank is Bank Islam Malaysia Berhad (BIBM) and
was established on July 1, 1983. Followed by
Bank Muamalat Malaysia
Berhad, where
established on October 1, 1999.
Pak Su : Wow, I am so impressed!
Me : Me too Pak
Su. In Islamic banking we are using two act which is Islamic
Banking Act 1983 and Banking and Financial
Institutions Act 1989. While
for conventional, there are only using
Banking and Financial Institutions Act
1989.
Pak Su :
But Aimi, what is the different between Islamic bank and conventional
bank?
Me : Islamic
bank is according Syariah Law, where
this law is based on what
Allah has mentioned in Al-Quran and Hadith.
While for conventional bank, it
is man-made law.
Pak Su : Ohhh…
Me : In Syariah
Law we prohibit of Riba (interest), Gharar (uncertainty), Maysir
(gambling)
and etc.
Pak Su : Riba? Gharar? Maysir? What is that?
Me : Pak Su in Islam we are prohibited to take or
charge any interest in our
business transaction.
And Riba also known as interest.
Pak Su : Why interest is prohibited in
Islam?
Me : It is because interest is where we charge an
additional amount and this interest
will make us suffer to pay to pay the
additional charges. While for Gharar
is
uncertainty where the bank is questioning
where the money come from. In
Islamic
bank when the banker found out that deposit from depositor is come
from illegal activities, the banker will
asked the depositor to withdraw the
money.
Pak Su : Aimi, what if the bank has used
the money from depositor which have
element of Gharar?
Me : If the bank have used the money for make an
investment, the bank will use
small portion
of that money to give to charity.
Pak Su : What is Maysir?
Me : Maysir is
gambling, which is totally prohibited by Allah.
Pak Su : Aimi, how the bank can identified
Gharar and Maisir?
Me : For an
example if one of depositor account is showing a huge amount to be
deposit to the
account, the banker will asked the depositor how they get the
money. Or the
banker itself may investigate the depositor. The banker should
investigate
that money because we doesn’t want that the money is not come
from illegal activities and winning from
gambling. Even though non-Muslim
those deposit
their money in Islamic banking, the banker has an authority to
ask them to
withdraw the money.
Pak Su : Wow! That is amazing about Islamic
banking. Then how about the product
that Islamic
banking has provided to public?
Me : There are a lot of Islamic banking products, for
an example Mudharabah, Ar-
Rahn, Murabahah, Ijarah, Bai’ As-Salam, Bai’
Bithaman Ajail (BBA), Ijarah
and
others.
Pak Su : Mudharabah? Ar-Rahn? Murabahah? Ijarah? Bai’ As-Salam? Bai’ Bithaman
Ajail? Ijarah?
Me : I know you might get confuse with the term that I
just now mention.
Pak Su : Yes of course.
Me : Ok Pak Su, take a deep breath because I will
explain one by one the Islamic
banking
product.
Then Pak Su take
a deep breath and excited to know about what I’m going to tell about Islamic
product
Me : First I will explain about Mudharabah, it is a profit sharing concept. It is an
agreement
between a parties, who provides the capital (rabbul marib) and the
other party; entrepreneur (mudarib), to enable the entrepreneur to
carry out
the business
projects.
Pak Su : How they share the profit?
Me : The profit is based on a profit sharing basis,
which it is according to pre-
determined ratios agreed upon earlier.
Pak Su : What if they are facing losses?
Me : If the business is facing losses, the losses are
borne by the provider of the
funds. The
profit rates of the business will be declared in every 16th of the
month and it
is based on month-to-month actual profit earned.
Pak Su : Aimi, if let say I would like to
take a loan using Mudharabah concept,
what is
the benefit?
Aimi : The benefit of using Mudharabah concept is Muslims have the option to
comply with
Islamic teaching when engaging in the financial activities so that
they are not
exposed to the element of Riba (interest)
while for non-Muslims,
will have
benefits of alternative mode of savings.
Pak Su : How are we going to know either
they are follow Syariah law or not?
Me : Other than that the funds will be invested in
activities governed by the
Syariah Consultant to ensure all the
investment and activities are in
accordance
to Syariah principle.
Pak Su : Intersting! Now i get it. How aboout Murabahah?
Me : For Murabahah refers to the sale of goods at a price, which includes a
profit
margin
as agreed to by both parties. Such sales contract is valid on the
condition
that the price, other costs and the profit margin of the seller are
stated
at the time of the agreement of sale.
Pak Su : Murabahah concept it seem like mark-up price?
Me : Yes, it is like mark-up
price.
Pak Su : But Aimi, in Islam can we mark-up the
price?
Me : Yes. We can mark-up the
price if this is stated in agreement of sale. But if it is
not
stated in agreement the contract is invalid.
Pak Su : Oh i see.
Aimi : Now I will explain about the Ar-Rahn concept. It is indicates the
alternatives
documenting the debt in the absence of the scribe, e.e.,
via pawning. The
application
may take either the form of papers such as proper documents,
vehicle
papers, sukuk, shares, etc., objects
like ornaments, jewelries and other
valuables.
Pak Su : Can you explain detailed about Ar-Rahnu concept? Because I really
excited to
know about Ar-Rahnu bank.
Aimi : Yes of course. For an example
bank will provides financing RM50,000 to
customer.
And customer will pawns his valueable item (e.g., jewelry or
valueable
asset) as collateral for the finances amount. Then, every month the
customer
needs to pay back the money that they lend form bank with
additional
charges to bank as a safe keeping of the asset that we pawn. During
this
transaction, the bank (creditor) cannot sell the asset without the consent of
the
debtor because he is owner of the pawned asset.
Pak Su : What if we cannot pay the debt
according to the contract?
Aimi : If we cannot pay the debt
according to the contract, we can go to bank and ask
them
the procedure to extend the time of paying the debt. And the reason for
the
customer want to extend the time of paying debt must be reasonable.
Pak Su : Ok now i get it. How about Ijarah?
Me : Ijarah means a a contract to lease or rent or hire. It is a
contract or sale
involving
the use of property owned by a different party. There are some rules
apply
in Ijarah.
Pak Su : Really?
Me : Yes, first is khiyar al-ru’ya, which is the right to
revoke the contract at the
time
the goods are seen by the buyer. Second Khiyar
al-‘ayb, which is the
right
to revoke the contract due the goods being of an inferior quality. Third is
khiyar al-shart, the right of
revocation. Fourth is fasakh, which
is revocation
or nullification and the last is ikala,
which is revocation or replacement.
Pak Su : Wow! I didn’t know that in Islam,
Allah has given a right to the buyer to
revoke
the deal if there are major defects on rented or leased goods.
Me : Yes Pa Su. Islam is such a
wonderful, am I right?
Pak Su : Yes, you were right.
Me : Now I will explain about Bai As-Salam concept. This principle
involves a sale
and
purchase contract made between two parties, the seller and the buyer.
Under
this contract, the buyer agrees to make an advance payment but the
asset
is delivered at a late date.
Pak Su : Bai As-Salam is more looks like we are buying online stuff. I never
know that
in
Islam there are also have concept of make advance payment and delivered
the
good at a later date.
Me : Yes, we do have this concept
in Islam. Like Allah said, Islam is a wonderful
religion and law can be used all of us no
matter where we stay.
Pak Su : That’s true Aimi.
While we were
talking suddenly my mom calls me.
Mom : Aimi! Where have you been? Why
you were not answering you hand phone?
Grandfather
and grandmother were looking for you?
Me : I am not going anywhere; I
just have a conversation with Pak Su. We were
discussing
about what I have learned in Islamic banking. Did you call my
hand phone? Sorry mom, Syukrey (little
brother) is using my hand phone to
play game.
Pak Su : Yes Kak Long (sister) we were chit
chat about Islamic banking. I am so
excited
to hear what have my niece have learned in Islamic banking.
Mom : Later on, if you want to make
an investment, loan or whatever about Islamic
banking,
you can ask Aimi.
I am just
smiling when there we talk about me.
Mom : Let’s come inside. Grandfather
and grandmother were looking for you. They
also
want to know about your life in UUM (Universiti Utara Malaysia).
Me : Ok mom. Let’s go inside. Pak
Su, are you coming with us?
Pak Su : Yes I’m coming.