qawaid present slide (esok punya)

8/2/2019 Qawaid Present Slide (Esok Punya)

http://slidepdf.com/reader/full/qawaid-present-slide-esok-punya 1/19

Prepared by :

Mohd Fauzi Bin Jantan 128391

Abdul Latif bin Md Yusop 195727

Muhammad Rahmat bin Zulkifle 195662 Azli bin Abd Gami 198226

Mohd Norhisyam Bin Mohmad 201068

THE APPLICATION OF QAWAID

FIQHIYYAH IN ISLAMIC BANKINGPRODUCT



Introduction

Qawaid fiqhiyyah has 5 legal maxim

All this maxim can be used in order to solve many problemin life.

Among of it, is the Muamalat section that is financialsector.

Under financial sector, the banking play biggest role infinancial system in Malaysia



Introduction

Currently, the conventional banking are the biggest playerin the banking sector.

This banking product cannot be used by the Muslim for listof reason.

Thus, using the Qawaid Fiqhiyyah maxim is important inorder to produce our own banking that is the Islamicbanking product.



First maxim

Al-umur bi maqasidiha

-Mean “whatever the action depend on the intention”

Support by the dalil١منلمعا تب

-Mean: Every action started with purpose



Application of al- umur bi maqasidiha

Musyarakah

Murabahah

Wadiah saving

Islamic investment

Ar-Rahnu

Qard al hassan




Musyarakah

is a contract that involve in the partnership business.

Example Islamic bank and entrepreneur join into business

contract with contribution of capital

Purpose to make sure the business is in line with Islam and the

profit made by the Islamic bank is halal




Murabaha buy and sell with profit margin

Example

Islamic bank buy a house to the buyer and sell withmark up price

Purpose

eliminate interest avoiding from asymmetric risk that may lead to the

profit becoming haram under the real property asset




Wadiah saving

put money in the bank and get low profit as hibah forgiving permission used the money

Example

1 to 2% rate of return for save money in the Islamic bank

Purpose

To get capital from the public in order to do the

businesS. Plus, it used the concept of trustee and trust where bank

are trustee and depositor are trust




Islamic investment

offer a low rate of return to the investor based onprevious performance

Example

special investment

Purpose to get capital

allow because based on previous performance




Ar-Rahnu

give money when public pledge the gold

Example public bring necklace to change with money and it

charge low cost to the public

Purpose to eliminate the interest

based on the concept of safe keeper charge




Qard al-hassan

financing without any interest

Example borrow RM 10 000 and pay back RM 10 000

Purpose

eliminate interest as token of appreciation if pay more than principal

amount



Second maxim

Dhararu Yuzaal - يزالاار

Mean is “Harm must be eliminated”

Support by the hadith : Laa dharara wala dhirar - رضوراض

Mean is “Harm should not be inf licted nor reciprocated”



Penalty (Ta’widh)

Mawsu'ah fiqhiyyah:Payment of monetary consideration is required on the injury occurred that caused by other parties.

Majma 'OIC Islamic Fiqh:Pay compensation or financial compensation is required forcausing harm to others, and ta'widh more specific thancompensated (dhaman) prescribed by Islamic texts such ascompensation and yard dhaman

Syart Jazaie

Penalty clauses that contain the consent of the parties to dosomething if it fails to perform its obligations. Syart Jazaie may include the imposition of compensation for delay in repayment



Condition of Ta’widh

The method used in fiqh should ta'widh by (Dhararu Yuzal).

The jurists outlined several conditions for applying ta'widhproperty as follows:

Adversity is happening is a form of property.

Property must be owned by persons who suffered harm.

Imposition of Ta'widh need to benefit.

The receivables are those who have the ability toguarantee.

Adversity happens is permanent.



Party To Determined Ta’widh

Sheikh Mustafa al-Zarqa’ :

Only judge can determined the ta’widh rate and the rateof loss incurred by debtor.

Dr. Sadiq Dharir

The agreement must be made by the debtor and creditorin order to determining the loss of ta’widh.

The rate also based on actual profit to be derived by thecreditor during the delayed period.



The Scholars View

Different scholars Opinions related permissibility Ta'widhimpose :

Can be applied to those who defaulted in payment of

debt based on the loss of benefits caused by the delay inpaying off a debt.

Requiring money penalty, but passed over to welfare.

Penalties should not be at all



Ta'widh Rate

Scholars View:The fine is considered ta’widh due to the late payment by the borrower. Therefore, the ta’widh rate is calculatedbased on the actual loss suffered by the lender.

• The rate only 1%

• Actual loss

•

Determine by central bank.



Difference of Riba Jahiliah and Ta'widh

Riba’ Jahiliyyah Ta’widh

The basis of agreement between twoparties (debtor and creditor) in theevent of delay there will be increased

A sentence imposed as a result of lossof benefits.

Usury has gone on before was acondition imposed for delays

To prevent cruelty that occurred onproperty owners for the delays thathave already occurred without theconsent of creditors.

Does not distinguish between debtors who able and who cannot afford to pay

Became clear that the debtor unable topay, then ta'widh cannot be imposed

Impose on total amount of paymentand actual loss suffered by creditor.

Imposed on the actual loss suffered by the creditor during the period of delay

in payment



Conclusions

Qawaid fiqhiyyah have 5 legal maxim that can be appliedin Islamic banking product.

The uses of qawaid fiqh will solve the problem. Forexample, seeking the elimination harm as need to penalty by follow the condition.

In case of Ta’widh, present state of society that is gettingless value in manner and transparency is need to make surethat they settled the debt. Ta'widh imposed is intendedthat the debtor did not delay the debt payments.

qawaid present slide (esok punya)

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