Securities Commission Shariah Resolutions II

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Questions and Answers

In relation to the Islamic capital market, what does bai` muzayadah help to address?

  • The creation of a single currency for Islamic financial transactions
  • Shariah compliance in the market
  • The behavior of market participants seeking profits from price differences (correct)
  • The development of new Islamic financial instruments

What is the significance of the Shariah Advisory Council's resolution on bai` muzayadah in 1997?

  • It declared bai` muzayadah permissible in Islamic finance, opening new avenues for financial instruments. (correct)
  • It established a strict set of regulations for the use of bai` muzayadah in Islamic markets.
  • It created a new Islamic financial institution dedicated to promoting bai` muzayadah.
  • It prohibited bai` muzayadah as a form of Islamic finance.

Which of these is NOT a name for Bai` Muzayadah?

  • Bai` Fuqara
  • Bai` Man Kasadat Bidha`atuhu
  • Bai` Mahawij
  • Bai` As-Salam (correct)

What is the main argument used to justify the permissibility of Bai` Muzayadah?

<p>It is a form of trading that has a long history and practice in the muamalat system. (A)</p> Signup and view all the answers

Which of the following statements is NOT a reason why the scholars in the past debated the permissibility of Bai` Muzayadah?

<p>The potential for it to become a form of interest-based money-lending. (C)</p> Signup and view all the answers

Which of the following is NOT a key element of Bai` Muzayadah?

<p>A fixed pre-determined price set by the seller. (D)</p> Signup and view all the answers

What historical practice provided support for the permissibility of Bai` Muzayadah?

<p>The practice of selling war booty by the Companions of the Prophet. (B)</p> Signup and view all the answers

What was the Prophet Muhammad (peace be upon him) known to do when selling goods?

<p>He would call out prices and invite bids from different buyers. (A)</p> Signup and view all the answers

Which of the following best describes the concept of 'Talfiq' in Islamic jurisprudence?

<p>An approach that combines two or more opinions within a school of thought to formulate a new opinion. (C)</p> Signup and view all the answers

What is the primary difference between 'talfiq' and the process of identifying 'exceptions' to general rulings?

<p>Talfiq involves combining multiple opinions, while identifying exceptions focuses on finding specific cases where general rules don't apply. (D)</p> Signup and view all the answers

According to the provided text, which of these is NOT a common characteristic of 'musyarakah mutanaqisah'?

<p>The financier always holds a majority share of the asset ownership. (B)</p> Signup and view all the answers

What is the significance of musyarakah mutanaqisah in the context of the capital market?

<p>It allows for the financing of large projects through shared ownership. (C)</p> Signup and view all the answers

In the provided example of musyarakah mutanaqisah, ABC company buys a building for RM80 million and sells it to customers for RM100 million. Which of the following principles is likely to be applicable in this scenario?

<p>Bai' bithaman Ajil (Deferred payment sale) (C)</p> Signup and view all the answers

The use of 'sukuk' in the 'musyarakah mutanaqisah' example provided is primarily meant to:

<p>Offer a mechanism for ABC company to raise funds through shared ownership. (A)</p> Signup and view all the answers

What is the main objective of the Islamic Instrument Study Group (IISG) in accepting 'musyarakah mutanaqisah' as a permissible financial instrument?

<p>To develop financial instruments that are compatible with the principles of Islamic jurisprudence. (B)</p> Signup and view all the answers

Which of the following best describes the role of the Shariah Advisory Council in the context of the Islamic capital market?

<p>To provide rulings on the permissibility of financial instruments and transactions. (D)</p> Signup and view all the answers

What is the main reason the majority of Islamic Jurists disallowed Bai Bima Yanqati Bihi Si`r (BBMYS)?

<p>The existence of jahalah (ignorance) in the price of the contract. (C)</p> Signup and view all the answers

Which of the following scholars permitted Bai Bima Yanqati Bihi Si`r (BBMYS) in their respective schools of thought?

<p>Imam Ahmad bin Hanbal and the Hanbali school (A)</p> Signup and view all the answers

Which Islamic legal principle is applied to argue for the permissibility of Bai Bima Yanqati Bihi Si`r (BBMYS) by comparing it to an already established principle?

<p>Qiyas (C)</p> Signup and view all the answers

In the context of Islamic finance, what does the resolution regarding "Kafalah on Mudharabah Capital" address?

<p>The permissibility of using a third-party guarantee to protect the capital invested in a mudharabah agreement. (A)</p> Signup and view all the answers

How is the Bai Bima Yanqati Bihi Sir (BBMYS) principle related to the concept of Thaman al-Mithl`?

<p>BBMYS is considered a specific application of <code>Thaman al-Mithl</code> in the context of future market prices. (C)</p> Signup and view all the answers

What is the main argument used by proponents of Bai Bima Yanqati Bihi Si`r (BBMYS) regarding social acceptance?

<p>The lack of any widespread opposition to the principle reflects its general acceptance as a facilitating mechanism in Islamic societies. (C)</p> Signup and view all the answers

Which of the following is NOT a contributing factor to the debate surrounding the permissibility of Bai Bima Yanqati Bihi Si`r (BBMYS)?

<p>The widespread usage of BBMYS in modern economies as a means to secure future financial commitments. (A)</p> Signup and view all the answers

Flashcards

Manhaj

A methodology involving examination of general dalil related to hukm.

Talfiq

Introducing a new approach combining multiple opinions of a mazhab.

Musyarakah Mutanaqisah

A partnership contract allowing gradual ownership transfer of an asset.

Bai` Bithaman Ajil (BBA)

A sale contract allowing deferred payment for goods or services.

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Sukuk

Islamic financial certificates similar to bonds.

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Islamic Capital Market

A market for trading financial instruments in accordance with Islamic law.

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Partnership Contract

An agreement between individuals or entities to manage a business together.

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Liquidity

The availability of liquid assets to a company for meeting immediate and short-term obligations.

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Bai` Muzayadah

A method of selling where sellers attract buyers who bid to offer the highest price, similar to an auction.

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Permissibility in Islamic Jurisprudence

The acceptance of bai` muzayadah as allowed under Islamic law, established by the Shariah Advisory Council.

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Muamalat System

The Islamic economic system that governs transactions and social relations among people.

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Athar

Practices or reports based on the actions or sayings of the Prophet Muhammad's companions.

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Imam Bukhari

An Islamic scholar known for compiling hadith and writing about bai` muzayadah.

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Speculation in Islamic Finance

The practice of buying and selling assets based on price movements, permitted under certain Shariah conditions.

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Historical Practice of Bai` Muzayadah

An established trading method among early Muslim communities, evidenced by debates among jurists.

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Role of Competition in Bai` Muzayadah

The competitive nature of buyers in the bidding process enhances the price for sellers.

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Bai Bima Yanqati Bihi Si`r

A principle in buying and selling pertaining to price fixing contracts.

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Jahalah

Ignorance regarding the price or terms of a contract.

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Imam Ahmad bin Hanbal

An Islamic jurist who permitted Bai Bima Yanqati Bihi Si`r.

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Bai` Istijrar

A contract accepted by some jurists allowing price adjustments over time.

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Qiyas

A method of legal reasoning by analogy in Islamic jurisprudence.

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Thaman al-Mithl

The concept of market price in transactions.

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Mudharabah

A partnership where one party provides capital and the other expertise.

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SAC Resolution

Decision-making body that permits certain financial practices in Islam.

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Study Notes

Resolutions of the Securities Commission Shariah Advisory Council

  • The document is a compilation of resolutions from the Securities Commission Shariah Advisory Council (SAC) in Malaysia.
  • It's presented in a second edition.
  • The SAC advises the Securities Commission on Islamic capital market issues.
  • The document covers various Islamic capital market products and principles, including research methodologies, muamalat principles, and specific issues like call warrants, TSRs, and Islamic benchmark bonds.
  • The document features a glossary of terms frequently used in the text, along with a bibliography of sources used.
  • The document includes several resolutions and summaries in detail regarding various Islamic principles and instruments in capital markets: musyarakah mutanaqisah, bai dayn, bai inah, bai ma`dum, bai wafa, suftajah, bai urbun and more.

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