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Literature Review of Islamic Banking
Characteristics of islamic banking
Differences between islamic and conventional banking in law
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Recommended: Literature Review of Islamic Banking
Introduction
“Allah has made trade lawful and interest unlawful” (Albaqarah, 1: 275)
Islamic banking is a banking system that performs its operations in accordance with the defined laws and principals or Sharia. Sharia is the ruling or Islamic jurisprudence of Allah that has been passed to humans through Muhammad (PBUH). In this regard, Islamic Banking system is also referred as Sharia Compliant Financal System.Murahabah is one of the most practiced modes of actions in the Islamic banking system where banks and are promoting a riba-free culture. The paper tries to get a better understanding of the Murahabah concept, Shariah laws complient with it, controversies and practices of Murahabah in Islamic Banks of Bahrain.
The concept of Murabaha
Murabaha financing is a most widely used concept practiced in the contemporary Islamic banking and finance in cases where customer is looking to buy some commodity. Murabaha is an agreement of sale between the seller and buyer in which seller discloses the real cost and his added profit margin to the buyer. The profit margin is mutually agreed between seller and buyer that make this process quite close to the implications of the prescribed shari’a laws. Many authors do not consider the system as an ideal system of selling (bay) as per shari’a laws and claim that the process seeks to circumvent the prohibition of riba in Islamic jurisprudence and should be limited only to equity-based arrangements where mudaraba and musharaka cannot be implemented (Ahmad, 2013). As a result, there are various controversies in practicing the Murahabah concept in trade financing. These contentions are not against the Murahabah as a concept rather the way it is implemented in the context of different terms and c...
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...purchaser then undertakes the receipt of the item in his possession as legal representation and asks the bank to execute the proxy.
8. Finally, the both the parties sign the Murabaha sale contract as per agreed terms to purchase the item.
Conclusion
Murabaha as discussed is the most well practiced financial service in banks in Bahrain which are being well monitored by various rating agencies working under Central bank of Bahrain. A close eye on the whole procedure and fare auditing and legislation of the banking system and services they provide have increased the Islamic banking excellence of practice not only in the Islamic world but also in international world. However, there is a need of benchmarking the Islamic ruling over profit-margin to create a fare competition in the market among Islamic banks and not to follow the riba or interest rating in the market
First, when a creditor (ICE) extends credit to a debtor (Top Quality) and takes a security interest in some property of the debtor, Top Qualities inventory in this case, it is called a secured transaction. The inventory is then considered collateral for the financing that ICE provided for Top Quality, which was made clear in the financing statement that ICE filed. Any secured transactions where personal property is used as collateral is governed by Article 9 of the Uniform Commercial Code. The UCC was revised in 2001 to better adhere to modern times, and since this case took place from 2007 to 2009, we will be applying the revised edition. There are many sections of Article 9 that should be considered when examining this case. First, the filing of a financing statement, form UCC-1 in Article 9, should be confirmed as filed with the appropriate state office. Once this has been done, confirming the attachment of Top Quality’s inventory to ICE, we can then look to confirm that the initial sale to Chrisman was paid in full to Top Quality, which it was. If this were not the case, ICE would be entitled to the remaining sale proceeds. Now we move on to the requirements of a buyer in the ordinary course of business, per Article 9 of the UCC. According the textbook, “A buyer in the ordinary course of business who purchases goods from a merchant takes the goods free of any perfected or unperfected security interest in the merchant’s inventory, even if the buyer knows of the existence of the security interest” (Cheeseman). The textbook then continues to explain that this rule is necessary because buyers would be reluctant to purchase goods if the merchant creditors could recover the goods if the merchant defaulted on the loans owed to secured creditors. These statements come from the Revised Article 9, section 320(a). This is based on the idea that the buyer purchases in good faith, meaning that they are
The transferor gives the transferee an entire or a restricted amount of recourse in the transfer of a full receivable, a class of a full receivable, or a small amount of the full receivable with recourse. The transferor is obliged under the full agreement of the recourse provision to pay the transferee or to just rebuy the receivables bought under convinced circumstances. Ideally this is for defaults that are at a percentage of the amount specified.
The following is an analysis of a business situation between a supplier and a specific buyer of their product where the validity of a contract, and potential breach of contract is to be considered. Included in the analysis is the statement of facts, relevant legal rules of law, as well as a biblical perspective that can be considered in coming to a resolution and optimal outcome that will be mutual beneficial for both parties.
In this case, the buyer had to pay back the money he borrowed earlier. Most ordinary people bought... ... middle of paper ... ... earch Complete. Web.
In analyzing the various facets of these two cases, we must first look at the arrangement between Mr. Sam Stevens and the store to determine if, in fact, a legal contract was at hand. The first necessary element in a contract is the agreement. An agreement is reached when one party makes an offer, and the other party accepts. In this case, the store offered to purchase 1,000 units of Mr. Stevens’ product, his verbal assent to the store manager constitutes an acceptance of said offer.
The case at hand takes place under commercial paper law. Commercial paper is a written instrument or document such as a check, promissory note, or a certificate of deposit, that represents a duty of one individual to pay money to another. A standout amongst the most critical parts of commercial paper is that it is negotiable, which implies that it might be unreservedly exchanged starting with one party then onto the next, usually through indorsement. Since commercial paper constitutes personal paper, it is transferable by deal—and could be credited, lost, stolen, and burdened. A promissory note is a two-party paper that consists of the maker (the person who
This article can be analyzed in an economical point of view and who it’ll effect, whether the buyer or seller, and the incidence of tax, in which who will bear the tax.
The goods must also be paid for by various methods of payment to facilitate international trade. This essay aims to analyse the possible claims from our advising buyer G arising from other parties to the contracts involved in this transaction. The essay will also analyse the legal relationships of all parties created that their respective rights and duties may have in the transaction. In doing so, it will discuss sale of contracts on c.i.f.
• The second transaction contains and deals with the product numbers and the quantities ordered by the supplier as the customer requests
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).
The modern Islamic Finance industry is young, its timeline begin only a few decades ago. However, islamic finance is involving rapidly and continues to expend to serve a growing population of muslims as well as conventional.
Evidently, business transaction involves a case of exchange of goods whereby there is acquisition of one commodity
The clearing agent pays the necessary dock or port trust dues and obtains the port Trust receipt in two
'subject to this Act, when goods are sold by a person who is not their
As the world has recently passed through the global financial crisis that begun in 2008 in the USA with the banks’ collapsing, analysts are giving different opinions and making new economic hypothesizes about the origin of, as well as the process of different countries escaped from the crisis. Among all these new “theories”, the case of Islamic banks is interesting in terms of its nature and consequences. In my essay, I will try to highlight the basic principles of the Islamic finance, the reasons of the restriction of interest, the most important tools used by Islamic banks in economic activities and brief explanation of them, and finally my view point of the probable future improvement of the Islamic financial system.