ajr - Commission, fee, wage or rent.
amana - a trust, or the holding of another's property
in trust. The trustee may use the property for the trustee's
benefit, unless instructed otherwise by the trustor.
bai muajal or bai bithamin ajil - deferred payment
sale. See murabaha below.
Bai al salam - Sale of goods where the price is paid
in advance of delivery or manufac-ture.
batil - null and void.
Dar Al-Islam - a land governed by Sharia'a (see below)
and largely populated by Mus-lims. Literally, the "Abode
of Muslims".
darura - necessity, emergency. This is a condition
in which aspects of the Sharia'a may be suspended in order
to preserve life, or assure the safety of the Islamic community.
dawah - invitation or call, used among Muslims to relate
to the propagation of the faith.
Eid al-Adha - The Muslim Festival of the Sacrifice,
which commemorates Ibrahim's (Abraham) intended sacrifice
of Ismail (Ishmael). This is a point about which Islam dif-fers
with Christianity and Judaism on the personalities, but agrees
with the related inter-pretation of dedication to the one
God.
fard kifaya - A collective obligation of all Muslims,
which may be discharged by some, absolving all others of its
performance.
fasid - unsound, foul, not viable. An impermissible
term in a contract which renders the contract invalid or an
invalid contract.
fatwa - an Islamic legal opinion based upon Quranic,
Sunnah, and Islamic legal prece-dent, or the Sharia'a.
fiqh - jurisprudence.
fuqaha - plural of faqih: jurist trained in Islamic
law or the Sharia'a, in particular, ac-cording to the five
leading teachers: Maalik, Abu Hanifa, Shafi'e, Ibn Hanbal,
and Jaafar Siddiq.
gharar - a deceptive or unclear practice. The Arabic
root means deception. The term cov-ers a range of unacceptable
business practices which range from fraud, to market manipu-lation,
to taking advantage of a consumer. For instance, any contractual
situation in which one party stands to be disadvantaged due
to ignorance or incomplete information is sub-ject to gharar,
and not acceptable in the Sharia'a. Islamic protections against
gharar are very similar to Western consumer protection statutes.
hadith - the sayings and reported examples of the Prophet.
Hajj - the pilgrimage to Makka during the last (12th)
month of the Islamic calendar. This is an annual reunion of
Muslims which one should attend at least once in one's life
if one has the financial resources.
halal - any permissible activity according to Sharia'a.
haram - forbidden, excluded under the Sharia'a.
hawala - a bill of exchange or other debt obligation.
Currently, used in developing coun-tries as a tool to execute
foreign exchange transactions.
hila - a transaction structured to appear permissible,
but which in fact circumvents the Sharia'a. For instance,
a contract of sale, which is permissible, which is matched
to a contract selling the same goods back to the original
seller at a higher price. In this case the two sales contracts
are on the surface permissible. But, the transaction composed
of the two is a factual loan of money at interest.
ibada - personal worship, service to God.
ijtihad - The endeavor of a trained jurist, faqhi,
to derive or formulate a rule of law on the basis of textual
evidence.
ijara - leasing. An investor buys equipment or real
property and owns it, charging a rent to a user who takes
possession of the property for a specified period of time.
At the end of the lease, the property reverts to the owner,
lessor.
ijara wa iqtina or ijara muntahi bi tamlik - A form
of lease in which the lessee, user of the equipment, takes
possession of the property at the termination of the lease
based upon a buy-out or a savings plan linked to the lease
payments.
imam - a Muslim prayer leader. Literally, "the
one in front".
inan - limited partnership, financial partnership.
istisna'a - Similar to bai al salam, but explicitly
relating either to the manufacture of goods or construction
of buildings. A buyer contracts for the manufacture or construction,
making part or complete payment in advance and taking delivery
at completion.
jahl - ignorance, particularly with reference to morality
and divinity. This is term from which Jahiliya is derived
in reference to the pre-Islamic period among the Arabs in
the Arabian Peninsula.
jihad - effort, struggle, desire to persevere in order
to please God.
jin - rational beings whose fundamental material base
is different from human beings, and therefore may be invisible
to us. They may interact with us on visible or invisible planes.
ju'ala - stipulated commission for specific services.
khulafaa - plural of khalif or khalifa: ruler, steward,
custodian.
maysir - The forbidden act of gambling or playing games
of chance with the intention of making an easy, or unearned
profit.
mu'amalah - an economic or business transaction.
mudaraba - any transaction in which one party acts
as manager for another, an investor or rab al mal - owner
of money. The agent or mudarib may invest with funds, property,
or effort as a means to earn a portion of the return or a
share of the loss. The agent may also be paid a fee for time
and diligence. The investor does not take an active role in
the project. Profits are shared according to a pre-agreed
ratio. Losses are borne by the inves-tor.
mufawada - an unrestricted, unlimited and equal partnership.
murabaha - also bai bi thamin al ajil, sales with a
profit mark-up. This term has come to mean both spot and deferred
payment sales engaged in by Islamic banks and is often used
as a form of installment credit.
musaqah - a form of agricultural contract in which
the owner of productive land shares its produce with another
in exchange for irrigation.
musharaka - partnership, shareholding. This most often
reflects a joint stock company or a general partnership. For
instance, all investors are entitled to participate in manage-ment,
but not required to do so. Profits may be shared in a pre-determined
ratio, but losses are distributed in proportion to the investor's
capital.
muzara'a - a sharecropping contract in which one party
agrees to till the land of another in return for a part of
the harvest.
promissory note - a promise to pay monies owed. Notes
are normally, but not exclusively associated with debt obligations
and interest bearing loans.
qard hassan - Literally a 'goodly loan', a loan of
money meant to assist someone in need, a form of sadaqa (see
below) for which no profit is permitted to the lender.
rahn - the mortgaging of property or hypothecation
of an asset to secure a debt or obliga-tion. The property
given as security may be sold to settle the obligation in
the event of the obligor's default.
riba - an unjust return, often the same as interest
in modern lending parlance. Please visit our Sharia'a folder
and read our defining papers on this term including those
under the heading The Book of Riba.
rizq - benefit, often taken to mean material wealth,
but includes all forms of good which humans may enjoy in this
life.
sadaqat - voluntary charity, over and above the required
zakat.
Sharia'a - Literally, "a path to pure water",
Islamic jurisprudence, based upon defined sources and methods
of determining precedent. The primary source is The Quran.
In or-der, the secondary sources include hadith (sunnah),
which are the examples and recorded statements of the Prophet
Muhammad, upon whom we ask God's blessings; the athar, which
are the recorded sayings and acts of the Prophet Muhammad's
companions and closest followers; consensus or ijma among
the scholars of Islam; qiyas or logical deduc-tion and analogy
performed by trained scholars; and past practice or precedent
which does not conflict with the foregoing.
shirk - the association of partners or equal powers
with God. This is the single most seri-ous sin in Islam and
is unforgivable.
sufataja - a form of bill similar to a bill of exchange
between three parties a payor, a transmitter and a payee.
suk/sukuk - the root word for 'check' in English, a
paper representing a financial obliga-tion ranging in application
from promissory notes to checks to assignments of ownership
interests.
takaful - literally means solidarity. This term means
mutual assurance or insurance under the Sharia'a.
ulema - plural of alim scholars of Islamic theology,
not necessarily fuqaha.
wadia - resale of goods with a discount.
wakala - agency, representation.
waqf - plural awqaf, a charitable trust, normally investing
in businesses or vehicles that generate income to support
a mosque, a school or other Islamic activities.
zakat - an annual, specified wealth tax to be paid
to specific people by all Muslims pos-sessing a minimum net
worth above their basic needs. Literally, "purifying
dues".
For a comprehensive glossary
of terms and contacts in this field, please see: Muhammad
Akram Khan, Islamic Economics and Fi-nance: A Glossary, London:
Routledge, 2003.
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