<em>The Shariah financial screening indices is to exclude companies with unacceptable levels of conventional debt, liquidity, interest-based investment and/or impure income. Ideally, companies must not borrow on the basis of interest rate, nor invest in debt-bearing instruments, as well as not generating income through any other Shariah-impermissible activities. However, such restrictions would screen out the vast majority - if not all - of the stocks that are available on the market, even those listed in Islamic countries. Based on this condition, Shariah scholars tried to come out with a set of Shariah indices to be tested on existing companies in order to classify them as Shariah-compliant companies. Thus, the aim of this paper is to explore and critically analyse comparison of Shariah screening methodology amongst major Shariah indices in the world. By applying the reviewing for all related literature and contents of Shariah screening’s laws and regulations. It can be stated that several group of Shariah indices can be categorized. Firstly, under qualitative measures (business activities), there are two groups which are: (i) financial activities orientation; and (ii) indic with non-financial activities orientation. Meanwhile, under quantitative measures (financial ratios), another several groups can be categorized based on different adoption in the nominator, denominator and tolerate percentage used. It is hoped that this work would inspire more research on Shariah screening using different research methods and compare between the indices according to segments this research argued. Besides, the policy makers should give more attention to ensure the Shariah screening practices and the enhancement Shariah screening standardizing among the major Shariah indices. Last but not least, investors and stakeholders whom concern of Shariah screening could also benefited of the findings of this study by having better understanding of Shariah screening practices and compare between existed indices.</em>
Having been applied for over four decades, the Islamic finance industry faces a divergence of opinions on the Sharīʻah, resulting from different interpretations adopted by Sharīʻah scholars when modifying classical fiqh doctrines to suit the current banking system. Although juristic disagreement is acceptable from a fiqh perspective, its practice in the financial industry brings more disadvantages than benefits. Recently the call for harmonising Sharīʻah rulings has become stronger. This article defines what is meant by harmonisation of Sharīʻah in the context of the Islamic finance industry, and outlines its scope and contribution. The discussion is pertinent due to confusion over the term ‘standardisation’. Contemporary Sharīʻah scholars and practitioners in the financial industry appear to be in disagreement when elaborating upon the issue. Hence, it is hoped that this article will help clarify the meaning of ‘harmonisation’ and shed light on how this can be accomplished to benefit the financial industry.
The current practice of Islamic banking in Malaysia has been criticised as insufficiently different from conventional banking. One of the foci of this criticism is the application of bayʿ al-ʿinah, sales contract with immediate repurchase, in creating a number of so-called Islamic financing products. The present article examines the classical jurists’ assessment of the contract and then evaluates the justifications of the Malaysian National Shariʿah Advisory Committee (NSAC). As a case study, this article analyses the application of bayʿ al-ʿinah in inventing a credit card of Bank Islam Malaysia Berhad. Understanding the NSAC’s justifications will help us comprehend their methodology and approach when approving other Islamic banking products in the country.
In a modern economy, there is no doubt that banks play a major role in generating the economic and financial growth. The individuals, the communities and the organizations are reliant on banks as their financial resources and necessities fulfillment. Their dependence to the banks has led them to engage a variety of contracts especially a debt-based contract. This contract required them to bond with the banks in the long period. Therefore, the various innovation products are designed to ensure the debtors are able to engage in an Islamic way and the banks are able to attain their income generation at the same time. While the debt contract is almost impossible to be implemented in Islamic banking system nowadays as it will lead to an interest, a modification process on the innovating sale contracts that have a commercial value for the bank is the only way for them to offer a debt-based contract to the people. Thus this paper attempts to explore the potential of ar-rahn product to solve the current problem. It tries to propose the enhancement of ar-rahn existing product offered by the bank and pawnshop as a good alternative to the financing products. The explored features of the potential of ar-rahn consist of the suitability of concepts adopted in the product, the possibility of longer repayment's period, the minimization of the shariah and economic issue of ujrah fee, the possibility of offering more than RM10, 000 borrowing money and the expansion of receivable pledge item. While the exploration of those features is discussed in a foundational and ideal basis, it is hoped to stimulate further investigation in the future.
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