Showing posts with label open learning. Show all posts
Showing posts with label open learning. Show all posts

Introduction to Islamic Finance: Islamic Finance and Conventional Finance

Finance plays an important role in our daily lives. It helps individuals, businesses, and governments manage resources, fund activities, and achieve financial goals.

Although Islamic finance and conventional finance may serve similar economic functions, they are based on different principles and approaches.

Understanding these differences helps us appreciate the unique values that Islamic finance seeks to promote

Key Differences Between Conventional Finance and Islamic Finance


Conventional Finance Islamic Finance
  • Earns income primarily through interest. The calculation of interest is based on the time value of Money
  • Earns profit through trade, investment, and asset-based transactions. Interest (riba) is prohibited.
  • Generally does not emphasize sharing losses between parties.
  • Encourages risk-sharing and profit-sharing between parties.
  • Loans may be provided without direct connection to real assets or services.
  • Financial transactions are linked to real assets, services, or productive activities.
  • Based mainly on lending and borrowing arrangements.
  • Based on clearly defined contracts that establish rights, obligations, and profit-sharing arrangements.
  • Investment decisions are generally based on financial returns regardless of whether the business activity is halal or haram.
  • Investments must comply with Shariah principles and cannot involve prohibited activities such as alcohol, gambling, pornography, or pork-related businesses.
  • Money can be treated as a commodity that generates returns through interest.
  • Money is viewed as a medium of exchange rather than a commodity to be traded for profit.
  • No Shariah supervisory board is involved.
  • Transactions are monitored and reviewed by a Shariah board to ensure compliance with Islamic principles.

Four Fundamental Principles of Islamic Finance

Most Islamic financial transactions are built upon four important principles.

1. Riba-Free Transactions

One of the most well-known principles of Islamic finance is the prohibition of riba, commonly understood as interest.

Instead of earning income through interest, Islamic financial institutions generate profit through trade, leasing, partnership arrangements, and other Shariah-compliant activities.

The goal is to promote fairness and avoid unjust enrichment.

2. Risk Sharing

Islamic finance encourages both parties to share risks and rewards.

Rather than transferring all risk to one side, participants work together and share the outcomes of the business activity.

This principle promotes partnership, accountability, and mutual responsibility.

3. Asset and Service Backing

Islamic finance requires transactions to be connected to real economic activities.

Financial arrangements should be supported by tangible assets, services, or productive business activities.

This helps ensure that financial growth is linked to real value creation in the economy.

4. Contractual Certainty

Contracts play a central role in Islamic finance.

The terms, conditions, responsibilities, and profit arrangements should be clearly defined and understood by all parties.

This helps reduce uncertainty, prevent disputes, and promote transparancy.

Islamic Financing Versus Conventional Loans

One simple way to understand the difference is to compare how financing is structured.

In a conventional loan:

  • A lender provides money.
  • Interest is charged over time.
  • The borrower repays the principal plus interest.

In Islamic financing:

  • Financing is structured through a Shariah-compliant contract.
  • Profit is generated through trade, leasing, partnership, or investment activities.
  • Transactions are linked to real assets or services.
  • Risks and responsibilities are shared according to the contract.

The objective is not only financial return but also fairness, transparency, and ethical conduct.

Different between Islamic  Financing & Conventional  Loan


Items
Conventional Banking
Islamic Banking (IB)
Commentary
Banking Relationship
Loan arrangement and services
Financing arrangement based on Partnership, Profit Sharing, Trading, Buy and Sell, Agency, Commodity Sale, Services
IB relationship is based on actual economic transaction, which must be effected, and where applicable must involve a real asset and ownership
Contractual Term
Borrower and Lender
Partners, Fund Provider and Entrepreneur, Buyer and Seller, Agent, Supplier and Buyer , Service Provider
Under IB, each relationship is tied to specific contractual obligations where the roles and responsibilities of each party to the transaction is clearly defined and agreed up front
Governing Authority
Bank Negara Malaysia
Bank Negara Malaysia and Shariah Committee
A Bank’s Shariah Committee may over – ride a Bank Negara Malaysia instruction if it deems non-compliant or for differing views/interpretation
Determinant of Returns
Contractual obligation on the loan amount
Reliant on the activities done to justify earning the returns on the transaction
In IB, an economic action is crucial to formalise the agreement to pay the Bank return on capital, efforts or assets. For example, a processing fee for IB requires the Bank to show proof of the processing actions required to justify charging a fee to customers. Otherwise, this will be considered “back-door riba”
Payment Structure
Only monthly instalment is calculated
Monthly instalment is calculated for Buy and Sell contracts, a maximum price must also be calculated and agreed up front
The maximum price calculated is merely monthly instalment x tenure to arrive at selling price. This is the maximum amount payable if rate are high, but if rate remain low, a rebate is given daily or monthly
Late Payments
Up to 1 % p.a on the arears, compunded for next month interest
Up to 1% p.a on the arears amount. No compound charge allowed
In general, the late interest charged by conventional bank can be capitalised the following month and used to calculate further late interest (compounded)
Punitive Pricing
Additional up to 2.5% on top of loan rate for 3 months and above (default period)
Not allowed. Some reduction in rebate amount allowed to be taken by Bank if floating rate BBA structure
Generally, scholars reject punitive pricing for Islamic product, as it is injustice to customers for setting their debt
Tenure
Indicatively up to 30 years. Could be more
Contracted up to 30 years
IB could not exceed the contracted tenure unless customer consent  to it
Early settlement
1% charge on Loan Balance Outstanding to compensate loss of interest
Not allowed
Conventional banks charge customers for early settlement of the loan within certain period to maximise their returns. For IB, unless there is strong justification on actual loss to the bank, only then it can be considered by Shariah Committee for approval
Product features approval
Bank
Bank, Bank’s Shariah Committe and Bank Negara Malaysia (Islamic Banking and Takaful Department)
Islamic product goes through more layers of regulators to ensure product offered are in line with the Shariah principle of justice
Bank charges
Approval by Bank and Bank Negara Malaysia
Approval by Bank, Bank’s Shariah Committee and Bank Negara Malaysia
All IB fees and charges must be approved by Shariah Committee to ensure the charges are fair, equitble and not transparent to customers. No hidden cost are allowed
Payment Collected
All recorded as revenue to the Bank
Recorded as revenue to the Bank unless a Shariah rule is broken
IB requires the adherence to strict Shariah rules of trading, partnership, agency or service, failure to adhere to the rules, the amounts collected must be taken from Bank’s income and given to charity
Risk ownership
Customer bear all risk to loans (risk transfer)
Based on contract, Bank must bear some risk to earn the return (risk sharing)
IB business is essentially riskier based on the various relationship and dependence of ownership and sequencing
Business scope
Able to provide loans to any business or individuals that does not engage in illegal activities
Able to provide financing to any business or individuals that does not engage in illegal activities or uses the money or facilities in activities restricted by Shariah
Gambling related companies, riba based, non-halal produce, alcohol supplier and sellers, pork products, entertainment businesses and other non Shariah compliant activities are not allowed to be financed by IB
Change of term and conditions
Bank has the right to change or vary the Terms and Conditions by way of giving sufficient notice to customers
Bank can only change or vary the Terms and Conditions by giving sufficient notice to customers if the change benefits the customers
For IB, if the change or variation to the Terms and Conditions benefits the Bank or imposes on the customers, customer’s consent to the changes must be obtaied, otherwise the changes cannot be effected
Cancellation of contract
Bank has the right to cancle the contract, at their sole discreation. Usually, a contract is cancelled during events of default, or if the customers financial position becomes worse, of there is higher risk to the Bank
Bank do not have the right to cancel the contract at their sole discreation
IB can only cancel a contract if there is a clear breach of contract by the customers for example, event of default or non-payment. If cancellation is proposed for the changes in the customers financial position (but payments are still prompt) then a mutual consent is required for the cancellation
Event of default
Bank can classify all the customer’s facilities as default when one of the loan is defaulted by the customer
Bank can only classify default on the specific financing, as other financing facilities held by the customers should be independent contracts
As each facilitiy is governed by the individual contract, there should not be alingkage to other financing facilities, unless the facilities are all offered as abundled package
Financial benefit
Stamping of legal documents at fixed rate
Stamping of legal documents ar fixed rate less 20% discount
A 20% discount on stamp duties are aloowed for the legal document (until 2016, unless further renewed)
Common terms used
Interest rate, loan, borrowe, lender, penalty
Profit rate, Financing, customer, Financier, Compensation
Different term inologies used in IB to reflect the contractual relationship of each agreement and transaction

A Reflection

Islamic finance is often described as more than a financial system.

It is also a framework that seeks to balance economic activity with ethical values.

Its principles encourage:

  • fairness,
  • responsibility,
  • transparency,
  • risk sharing,
  • and social well-being.

While both Islamic and conventional finance aim to support economic growth, Islamic finance places special emphasis on ensuring that financial activities contribute to real economic value and benefit society.

At its heart, Islamic finance reminds us that money should serve people and productive economic activities, rather than becoming an objective in itself.

Understanding these principles provides a useful foundation for exploring Islamic finance contracts such as Murabahah, Mudarabah, Musharakah, Salam, Istisna', and Ijarah in greater detail.

Source


Introduction to Islamic Finance: Understanding Maslahah

In Islamic finance, one of the most important concepts is Maslahah, a principle that focuses on promoting benefit and preventing harm for individuals and society.

The word Maslahah literally means benefit, welfare, or public interest. It is closely related to the Arabic word manfa'ah, which refers to usefulness or advantage. In Islamic law, Maslahah serves as a guiding principle to ensure that decisions and regulations contribute to the well-being of people while remaining consistent with the objectives of the Shariah.

What Is Maslahah?

The renowned Islamic scholar Al-Ghazali defined Maslahah as:

A consideration that secures a benefit or prevents harm while remaining consistent with the aims and objectives of the Shariah.

In other words, a matter is considered beneficial only when it supports the broader goals of Islamic law rather than simply serving individual preferences.

The Five Essential Objectives of Shariah

The concept of Maslahah is closely linked to the preservation of five fundamental values that Islamic law seeks to protect:

  1. Religion (Ad-Din) – safeguarding faith and religious practice.
  2. Life (An-Nafs) – protecting human life and well-being.
  3. Intellect (Al-'Aql) – preserving reason, knowledge, and sound judgment.
  4. Progeny (An-Nasl) – protecting family, future generations, and social stability.
  5. Wealth (Al-Mal) – safeguarding property and financial resources.

These five objectives form the foundation for evaluating whether a rule, policy, or financial practice contributes to the public good.

Categories of Maslahah

According to Islamic scholars, Maslahah can generally be divided into three categories.

1. Maslahah Mu'tabarah (Recognized Benefit)

This refers to benefits that are explicitly supported by the Qur'an and Sunnah and for which Islamic law has already provided guidance.

Examples include:

  • protection of life,
  • fair trade,
  • fulfillment of contracts,
  • protection of property rights.

These benefits are clearly recognized and endorsed by Islamic teachings.

2. Maslahah Mulgha (Rejected Benefit)

This refers to perceived benefits that are rejected because they contradict Islamic principles.

A common example is:

  • riba (usury or interest).

Although interest-based transactions may appear profitable for some parties, Islamic law rejects them because of the broader harm they may cause, including exploitation, inequality, and financial injustice.

3. Maslahah Mursalah (Unrestricted Public Interest)

This category includes benefits that are not specifically mentioned in the Qur'an or Sunnah but are consistent with the objectives of Shariah and serve the public good.

Examples include:

  • traffic regulations,
  • financial reporting standards,
  • government administrative systems,
  • family registration procedures,
  • modern financial governance practices.

These measures help society function effectively while protecting people from harm.

Maslahah in Islamic Finance

The principle of Maslahah plays an important role in Islamic finance.

One example is the prohibition of riba. Many scholars explain that interest-based transactions may lead to an imbalance between the wealthy and the less fortunate, increasing social inequality and financial hardship. By prohibiting riba, Islamic finance seeks to promote fairness, shared responsibility, and economic justice.

Maslahah also emphasizes practicality and the prevention of unnecessary hardship.

For example, in situations where Islamic banking services are unavailable, some scholars have allowed Muslims to deposit funds in conventional banks when necessary, provided that they avoid activities that clearly violate Shariah principles. The objective is to protect wealth and facilitate daily life while minimizing harm.

A Broader Reflection

Maslahah reminds us that Islamic law is not only concerned with rules and regulations. It is also deeply concerned with human welfare.

Whether in finance, business, family matters, or public policy, the goal is to encourage what benefits people and to prevent what harms them.

At its core, Maslahah encourages a balanced approach—one that combines faith, wisdom, justice, and practical solutions for the well-being of society.

Sources:

  • Al-Ghazali, classical works on Islamic legal theory.
  • Al-Mansul, Fakhruddin Ar-Razi.
  • Ghofur (2008).
  • Al-Qaradawi (2001)
  • INCEIF Open Learning