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B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Ahadeeth: Sayings and traditions
of the Holy Prophet Muhammad (S.A.W.). Singular: Hadith.
Ahl ar-ra'y: Means people of opinion. It
refers to people that are consulted on Islamic matters. These
people are highly learned in Islam.
Ahliyah: Legal capacity.
Ahliyat al-add': Legal capacity for execution.
Ahliyat al-wujub: Legal capacity for the
acquisition of rights and obligations.
Ajrul Mithl: A remuneration based on what
is customary in the community or Salary.
Al-Wadi'ah: This refers to deposits in trust,
in which a person may hold property in trust for another,
sometimes by implication of a contract.
Al-Wakalah al Mutlaqa: Resale of goods with
a discount on the original stated cost.
Al-Qard al-Hassan: Loans fixed for a definite
period of time without interest or profit sharing.
'Alim: An Islamic religious scholar. Plural:
Ulamaa.
Amanah: Something given to someone for safekeeping.
Trust. The contract of amanah gives rise to fiduciary relationships
and duties.
Amwal: Wealth. In business context, Amwal
means wealth that is contributed as capital in a partnership.
Plural: mal.
Ameen, also spelled Amin: Custodian or guardian.
'Arbun : down payment; a nonrefundable deposit
paid by a buyer retaining a right to confirm or cancel the
sale
Arkan: The elements or essential ingredients
of an act, without which the act is not legally valid.
Aqd: A contract.
Aqd Sahih: A legal contract.
amanah : trust.
'Ayn : a tangible (physical) asset
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Bai' also Bay: Literally
means sale. Commonly used as a prefix in referring to different
types of sales: Muajjal, Murabahah, Tawliyah and Wadi'ah.
Bai' Bithaman Ajil (Al), also spelled as
Al-Bay-Bithaman Ajil (BBA) financing: In modern Islamic banking,
the term refers to a buying and selling transaction between
the bank (or financial institution) and the customer, whereby
the former buys a property (or an asset, e.g. a house) at
the prevailing market price and sells it to the customer at
a mark-up price where payments are made by installments over
a period of time agreed upon by both parties. The profit earned
by the bank is legitimate from the Shari'ah point of view
since the transaction is based on a sale contract rather than
a loan contract. Any predetermined profit arising from the
loan is prohibited in Islam as it amounts to Riba.
Bai Mu'ajjal, also spelled as Bay Mu'ajjal:
Sale based on deferred payment, either in a lump sum or instalments.
A form of Murahaba.
Bai Salam, also spelled as Bay Salam: This
term refers to the advance payment for goods which are delivered
later. Normally, no sale can be effected unless the goods
are in existence at the time of the bargain. But this type
of sale is the exception to the general rule provided the
goods are defined and the date of delivery is fixed. The objects
of this type of sale are mainly tangible but exclude gold
or silver as these are regarded as having monetary value.
Barring these, bai al-salam covers almost all things which
are capable of being definitely described as to quantity,
quality and workmanship. One of the conditions of this type
of contract is advance payment; the parties cannot reserve
their option of rescinding it but the option of revoking it
on account of a defect in the subject matter is allowed. It
is also applied to a mode of financing adopted by Islamic
banks. It is usually applied in the agricultural sector, where
the bank advances money for various inputs to receive a share
in the crop, which the bank sells in the market.
Baitul Mal: An Islamic treasury intended
for the community development as well as provision for Masakeen
(needy Muslims).
Baligh: One who has reached the age of maturity.
Batil: Null and void.
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Dhaman : liability
Dhaman al-'Amal: Liability underlying a partnership
formed on the basis of labor, where the partner is liable
for performing the contract or completing the work accepted
by either partner.
Dhaman al-Thaman: Liability underlying a
partnership formed on the basis of credit-worthiness where
each partner is liable, jointly and severally, for paying
the price of goods bought on credit.
Dharar : harm, damage
Dayn: Loan or debt.
Diminishing Musharakah: Another form of Musharakah
(a financing mode), developed in recent years. According to
this concept, a financier and his client participate either
in the joint ownership of a property or equipment, or in a
joint commercial enterprise. The share of the financier is
further divided into a number of units and it is understood
that the client will purchase the units of the share of the
financier one by one periodically, thus increasing his own
share until all the units of the financier are purchased by
him so as to make him the sole owner of the property, or the
commercial enterprise, as the case may be.
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Fadl (Riba): A type of interest.
Taking something of superior quality in exchange for the same
kind of thing of poorer quality. Allah Subhana wa Ta'ala has
strictly prohibited any kind of Riba and has warned of severe
punishment for those who have any association with it. See
the Holy Qur' an, Surah Al-Baqara (2):275-280
Fa'idah: Benefit. In investment context it
means return on investment.
Falas: Bankrupt
Faqeeh: An Islamic scholar who can give an
authoritative legal opinion or judgement.
Faqir: A poor person.
Fard: Obligatory. An act which is obligatory
on Muslims.
Fard 'Ain: An action which is obligatory
on every Muslim.
Fatwa: A legal verdict given on a religious
basis. The sources on which a fatwa is based are the Holy
Qur'an, Sahih Bukhari and Muslim, and all other authenticated
Ahadeeth. Plural: Fatawa.
Fidyah: Compensation for missing or wrongly
practising necessary acts of worship. Fidyah usually takes
the form of donating money or foodstuff, or sacrificing an
animal.
Fiqh: Islamic jurisprudence.
Fuqahaa: Jurists.
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Gharar: Uncertainty, hazard,
chance or risk, ambiguity and uncertainty in transactions.
Technically, the sale of something which is not present at
hand; or the sale of something where the consequences or outcome
is not known. It can also be a sale involving risk or hazard
in which one does not know whether it will come about or not,
such as fish in water or a bird in the air; or an event where
assurance or non-assurance is subject to chance and thus not
known to parties of a transaction. Can also mean uncertainty
or a hazard that is likely to lead to a dispute in a contract.
Gharim: A person in debt.
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Halal: An act or product
that is permitted by Islam.
Hadith: A saying or tradition of the Prophet
Muhammad (S.A.W.). Plural: Ahadeeth.
Hadith-Qudsi: A saying of Allah Ta'ala narrated
by Prophet Muhammad (S.A.W.), that is not a part of the Holy
Qur'an.
Halal : permissible, lawful
Haram: An act or product which is unlawful
or prohibited in Islam.
Hawala : contract of assignment of debt
Haq: Legal right.
Hijri: Name of the Islamic lunar calendar.
It took its name from the early Muslims who migrated from
Mekkah to Madinah, and commences from the date of the Prophet
Muhammad's (S.A.W.) Hijra, which he made with Abu Bakr as-Siddiq
(A.S.), in 622AC. Often abbreviated to A.H. (After Hijra).
Hudud: The boundary between what is Halal
(lawful) and what is Haram (unlawful), set by Allah.
Hukum: The closest equivalent in the English
language is "verdict". It usually applies to a judgement
on legal issues, especially with regard to religious matters.
Huquq: Plural of haq.
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Ijarah, also spelled ijara:
Literally means "to give something on rent".
Ijarah wa iqtina: Contract of renting, hiring
or leasing. This term refers to a mode of financing adopted
by Islamic banks. It is a contract under which the Islamic
bank finances equipment, a building or other facility for
the client against an agreed rental together with an undertaking
from the client to purchase the equipment or the facility.
The rental as well as the purchase price is fixed in such
a manner that the bank gets back its principal sum along with
some profit, which is usually determined in advance.
'Ijma: Consensus. What all the Ulama (people
of religious knowledge) from among the Muslims agree upon.
Ijtihad: Technically, it means an endeavour
of a jurist to derive or formulate a rule of law on the basis
of evidence found in sources; scholarly effort through which
a jurist/scholar derives Islamic law on the basis of the Qur'an
and Sunnah.
Ishtirak: Equivocally; participation; partnership.
Istidanah: Raising or building up credit
through credit purchases. It however does not apply to the
raising of cash loans.
Istisna': This is a kind of sale, where a
commodity is transacted before it comes into existence. It
means to order a manufacturer to manufacture a specific commodity
for the purchaser. If the manufacturer undertakes to manufacture
the goods for him with material from the manufacturer, the
transaction of Istisna' comes into existence. But it is necessary
for the validity of Istisna' that the price is fixed with
the consent of the parties and that necessary specification
of the commodity (intended to be manufactured) is fully settled
between them. This kind of sale, used as a mode of financing,
is also called 'Parallel Istisna'.
Iwad: Compensation or counter-value.
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Ja'alah : a unilateral contract
promising a reward for a specific act or accomplishment
Jahalah: Uncertainty in a contract that may
lead to a later dispute; see gharar.
Jo'alah, also spelled Joaalah: The undertaking
of one party (the Jael, bank or employer) to pay a specified
amount of money to another party in return for rendering a
specified service in accordance with the terms of contract.
Jizya: A tax imposed on non-Muslims who are
in a Muslim country.
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Kafalah bi al-Thaman: Surety
for paying the price or sum if unpaid by the person originally
liable.
Kafil: A person providing surety or a guarantor.
Kharaj: Tax imposed on the revenue from land
taken from non-muslims to ensure their equal rights under
Islamic law.
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Maiser: Gambling. Literally
means getting something too easily.
Makrooh: Disapproved of, but not prohibited
by Allah Subhana wa Ta'ala.
Manfa'ah : usufruct. Sale of usufruct is
ijarah
Morabaha: Sale at a special profit margin.
The seller purchases the goods desired by the buyer and sells
them at an agreed mark-up price. The payment being settled
within an agreed time frame, either in instalments or lump
sum. The seller undertakes all management needed for the purchase
and also bears the risk for the goods until they have been
delivered to the buyer.
Mubah: Things or acts permissible in Islamic
law.
Mufawadah: A basic contract of partnership
based on wakalah and kafalah. It requires full commitment
from the partners. In order to achieve this purpose, the partners
must try to maintain equality in the capital, labor, liability
and the legal capacity and also declare each partner to be
a surety for the other.
Modaraba: An agreement between two or more
persons whereby one or more of them provide finance, while
the other(s) provide enterpreneurship and management to carry
on any business venture whether trade, industry or service
with the objective of earning profits. The profit is shared
in an agreed proportion. The loss is borne by the financiers
only in proportion to their share in the total capital.
Mudarib: The partner who provides entrepreneurship
and management in a Mudharabah agreement.
Mufti: One who passes verdicts.
Muhaddith: A scholar of Ahadeeth. Plural:
Muhaditheen.
Muhadhitheen: Scholars of Ahadeeth (sayings
and traditions of the Holy Prophet Muhammad, may Allah bless
him and grant him peace). Singular: Muhadith. Muhammad Believed
by Muslims to be the Final Messenger of Allah Subhana wa Ta'ala
to Ins wal Jinn (mankind and the Jinn).
Muqaradah: Another name for Modraba.
Musaddiq: The person discharging voluntary
charity.
Musharika: A temporary equity participation
agreement between a bank and a client for effecting a certain
operation within an agreed period of time. Both parties contribute
to the capital of the operation in varying degree and agree
to divide the net profits or losses in proportions agreed
upon in advance.
Mustahab: Recommended, but not obligatory.
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Nis'a (Riba al): A type of
interest. Taking interest on loaned money. An act which is
Haram. See the Holy Qur'an, Al-Baqara (2):275-280 and Aali'imran(3):13O.
Nisab: A threshold of wealth of which any
excess is subject to Zakah.
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Qabz : possession
Qarz: A loan given for a good cause in the
name of Allah, in hopes of repayment or reward in the Hereafter.
Qarz al Hassan: A loan extended without interest
or profit-sharing.
Quadaa: Paying in a debt.
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Ra's al-mal: Capital invested
in Mudarabah or Musharakah.
Rabb al-ard: Owner of the land in Musaqah
or Musaqat and Muzara'ah contracts.
Rabb al-mal: A person who invests in Mudarabah
or Musharakah.
Rahn: Pledge or mortgage.
Riba: Increase, addition, expansion or growth.
However, not every increase or growth is prohibited by Islam.
Under the Shari'ah, Riba technically refers to the premium
that must be paid without any consideration. According to
the jurists of Islam, this definition covers the two types
of Riba, namely Riba Al Fadhl and Riba Al Nasi'ah.
Example 1 of Riba: If A sells $100 to B with
$110. The premium of $10 is without any consideration or compensation.
Therefore, this amount of $10 will be Riba.
Example 2 of Riba: If A lends $100 to B (a
borrower) with a condition that B shall return him $110 after
one month. In this case, the premium paid that must be paid
by the borrower to the lender along with the price is Riba
because the premium of $10 is without any consideration.
Riba aI-Fadhl: An extension of Riba to trade
because while trade is allowed, not everything in trade is
permissible. The prohibition of Ribaal-fadl closes all back
doors to Riba through trade; unlawful excess in the exchange
of two counter-values, where the excess is measurable through
weight or measure. According to some Ahadith, (Sayings of
the Holy Prophet) if six things i.e. gold, silver, wheat,
barley, dates and salt are exchanged against themselves, they
should be spot and be equal and been specified. If these conditions
are not found, this transaction will become Riba Al Fadhl.
Riba al-Nasi'ah: It refers to the 'premium'
that must be paid by the borrower to the lender along with
the principal amount as a condition for the loan or an extension
in its maturity. It is thus equivalent to interest. The 'addition'
of the 'premium' which is paid to the lender in return for
his waiting as a condition for the loan and is technically
the same as interest.
Rukn: Pillar. Singular of Arkan.
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Salam : sale with deferred
delivery of exchanged good but with advanced price payment
Sarf : currency exchange
Sahib al-Mal: The financier in the modaraba
form of partnership agreement. Plural of Ashab al-mal. The
sahib al-mal (also, rabb al-mal) provides the finance while
the mudarib provides the entrepreneurship and management.
There can be many ashab al-mal and mudaribs in a given muddrabah
agreement.
Shari'ah: Islamic law as ordained by Allah
Ta'ala. Literally it means 'a road'. The Shari'ah is the legal
and social modality of a people based on the revelation of
their prophet. The last Shari'ah in history is that of Islam.
It abrogates all previous Shari'ahs. It is, being the last,
therefore the easiest to follow, for it is applicable to the
whole human race wherever they are.
Sharikah: The term is used for joint-stock
companies and corporations as well, but is qualified with
an adjective to indicate its nature. Thus, sharikah musahamah
for a public limited company or a corporation whose capital
has been subscribed to by the general public.
Sharikat al-Wujuh: Partnership based on credit-worthiness
of the partners in which the ratio of profit and loss is based
on the liability borne, but the partnership has to be of the
type 'inan or mufawadah.
Sharikat 'ammah: A partnership in which each
partner is a general attorney for the other partner; a partnership
that permits trading in all types of goods.
Sharikat khassah: Partnership for a single
venture or for trading in a particular item; partnership in
which each partner is a special attorney of the other partner.
Sharikat al- 'inan: A basic contract of partnership
based on agency in which participation may either be on the
basis of wealth or labor or credit-worthiness, and in which,
equality of contribution or legal capacity is not necessary.
Sharikat al-abdan: Another name for sharikat
al-a'mal.
Sharikat al-amwal: A partnership in which
participation is based on the contribution of wealth by all
partners, but the partnership has to be of the type 'indn
or mufdwadah.
Sharikat al-jabr: Mandatory co-ownership
created by an act of law, like inheritance.
Sharikat al-mafalis: A partnership between
persons, whose assets have been reduced to copper coins and
who have to buy on the basis of credit-worthiness; see sharikat
al-wujuh.
Sharikat al-zimam: It is a term used by the
Maliki school of thought to indicate a situation, where two
or more persons are buying goods on credit. It is different
from the Hanafi sharikat al-wujuh insofar as it requires the
physical presence of all the partners at the time of purchase.
Shirikat al- 'aqd: A partnership created
through contract as opposed to co-ownership that may be the
result of a joint purchase or agreement or it may result from
inheritance or from some other legal situation.
Shirkah: Partnership between two or more
persons, whereby unlike mudarabah, all of them have a share
in finance as well as entrepreneurship and management, though
not necessarily equally.
Shurut: Terms and conditions in Islamic law.
Shukuk: Check, certificate of debt, certificates
of investment; plural of Shak
Sunnah: All the traditions and practices
of Prophet Muhammad (S.A.W.), that are recorded not only in
such books as Sahih Bukhari and Sahih Muslim, but also in
living people to whom these traditions and practices have
been transmitted, from person to person, from then until now
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Takaful: Islamic Insurance.
A scheme of mutual support that provides insurance to individuals
against hazards of falling into unexpected and dire need.
Tameen: Another name for Takaful.
Thimma (zimma) : the capacity to accept obligations
and duties.
Tijaarah: Trade. Act of buying and selling.
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Ulamaa: Plural of 'Alim.
The people of knowledge from amongst the Muslims who act on
what they know and do what they say.
Ushr: Ten percent (in some cases five percent)
of the agricultural produce payable by a Muslim as part of
his religious obligation, like zakah, mainly for the benefit
of the poor and the needy.
Wajib: Compulsory.
Wadi-ah: Deposit.
Wakalah : agency.
Waqf: Endowment. A charitable trust in the
name of Allah, usually in perpetuity, and usually for the
purposes of establishing the Deen of Islam, teaching useful
knowledge, feeding the poor or treating the sick.
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Zakah Al-Mal: The Muslims'
wealth tax: One must pay 2.5% of one's yearly savings above
a certain amount to the poor and needy Muslims. The Zakah
is compulsory on all Muslims who have saved (at least) the
equivalent of 85g of 24 carat gold at the time when the annual
Zakah payment is due.
Zakatu-rid Tijaarah: Zakah of profits of
merchandise.
Zakatul Huboob: Zakah of grain/corn.
Zakatul Ma'dan: Zakah of minerals.
Zakatur Rikaaz: Zakah of treasure/precious
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