Abdul Rahim, Mohamad Syafiqe (2025): Issue of Bai‘ Wa Salaf (Combination of Sale and Loan Contract) in Tawarruq Based Deposit Product: A Practitioner’s Perspective.
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Abstract
The Malaysia Islamic banking market has expanded rapidly and it continues to embrace innovative structure, as underlined by the launch of Islamic banking products using various Shariah concepts. One of the most popular Shariah concept used by Islamic Banks across all market segment in Malaysia is Tawarruq (Commodity Murabahah). In recent years, Centre Bank of Malaysia has been issuing various Shariah resolutions and Shariah related policies to be complied by Islamic banks. Whilst this initiative is praiseworthy in strengthening and standardising the Shariah compliance culture, there are several issues which may impact the operational aspect of a bank. This paper will focus to discuss on the Shariah and operational concerns in Tawarruq based deposit product where the analysis will focus on the issue of prohibition of Bai` Wa Salaf. In addition, this paper will also provide some example of financial structures which already in Malaysia market as case study and reference. This article is based on qualitative research approach which is purely based on primary data gathered through library research and interview.
Item Type: | MPRA Paper |
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Original Title: | Issue of Bai‘ Wa Salaf (Combination of Sale and Loan Contract) in Tawarruq Based Deposit Product: A Practitioner’s Perspective |
Language: | English |
Keywords: | Bai` Wa Salaf, Tawarruq, Deposit Product, Islamic Banking, Shariah |
Subjects: | G - Financial Economics > G0 - General > G00 - General G - Financial Economics > G2 - Financial Institutions and Services > G20 - General G - Financial Economics > G2 - Financial Institutions and Services > G21 - Banks ; Depository Institutions ; Micro Finance Institutions ; Mortgages |
Item ID: | 123099 |
Depositing User: | Dr Mohamad Syafiqe Abdul Rahim |
Date Deposited: | 11 Jan 2025 14:18 |
Last Modified: | 11 Jan 2025 14:18 |
References: | Lisan al-‘Arab Al-Mawsu‘at al-Fiqhiyyah al-Kuwaytiyyah: 14/147 Shariah Resolution in Islamic Finance. 1st Edition, Kuala Lumpur: BNM Wahbah Al-Zuhayli (2009) Al-Tawarruq Haqiqatuhu Anwanuhu al-Fiqhi al-Ma`ruf wa al-Masrafi al-Munazzam, Shariah Resolution in Islamic Finance (2010). 2nd Edition, Kuala Lumpur: BNM Muhammad Ayub (2007), Understanding Islamic Finance, Wiley: London Majallah al-Ahkam al-‘Adliyyah Abu Daud (1999), Sunan Abi Daud (Hadith no. 3594), Bait al-Afkar al-Dawliyah Ahmad al-Zarqa’ (1989), Syarh al-Qawa`id al-Fiqhiyyah, Dar al-Qalam Aznan Hassan, Fundamentals of Shariah in Islamic Finance OIC Fiqh Academy (1996), Majallah Majma` al-Fiqh al-Islami, no. 9, v. 1 Nazih Hammad, Mukjam al-Mustalahat al-Iqtisadiyah fi Lughah al-Fuqaha |
URI: | https://mpra.ub.uni-muenchen.de/id/eprint/123099 |