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This is usually translated as "gambling" but used to mean "speculation" in Islamic finance. [16] Involvement in contracts where the ownership of a good depends on the occurrence of a predetermined, uncertain event in the future is maisir and forbidden in Islamic finance. Gharar. Gharar is usually translated as "uncertainty" or "ambiguity".
[351] [352] Paying more for credit when buying a product does not violate sharia law—the reasoning goes—because it is "an exchange of commodities for money", [353] [354] while a bank loan is "an exchange of money for money" [353] and forbidden unless interest is zero. [351]
Two other contracts sometimes used by Islamic finance institutions for pay-back-on-demand accounts instead of qard al-hasanah, [342] [Note 24] are Wadi'ah (literally "safekeeping") [368] and Amanah (literally "trust"). Sources disagree over the definition of these two contracts. "Often the same words are used by different banks and have ...
Al-qardh, from a shari’a point of view, is a non commutative contract, as it involves a facility granted only for the sake of tabarru’ (donation). Therefore, al-qardh al-hasan is a gratuitous loan extended to people in need, for a specified period of time. At the end of that period, the face value of the loan (asl al-qardh) is to be paid off.
Structure of simple mudaraba contract [11]. Mudarabah is a partnership where one party provides the capital while the other provides labor and both share in the profits. [12] [13] The party providing the capital is called the rabb-ul-mal ("silent partner", "financier"), and the party providing labor is called the mudarib ("working partner").
Loan agreements offered by regulated banks are different from those that are offered by finance companies in that banks receive a "banking charter" granted as a privilege and involving the "public trust". Loan agreements are usually in written form, but there is no legal reason why a loan agreement cannot be a purely oral contract (although ...
Takaful (Arabic: التكافل, sometimes translated as "solidarity" or mutual guarantee) [1] is a co-operative system of reimbursement or repayment in case of loss, organized as an Islamic or sharia-compliant alternative to conventional insurance, which contains riba (usury) and gharar (excessive uncertainty).
Murabaḥah, murabaḥa, or murâbaḥah (Arabic: مرابحة, derived from ribh Arabic: ربح, meaning profit) was originally a term of fiqh (Islamic jurisprudence) for a sales contract where the buyer and seller agree on the markup (profit) or "cost-plus" price [1] for the item(s) being sold. [2]
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