Professional Documents
Culture Documents
Frequently Asked Questions
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Introduction
Praise be to Allah Almighty, and Peace and Blessings be upon our Prophet
Muhammad, his Folk, Companions and Followers to the Day of Judgment.
The Booklet includes the most import questions and inquiries relating to the banking
transactions from shari’a perspective. It is formulated and printed in a user‐friendly
format to assist the employees in the shari’a adaptation of banking transactions.
Moreover, the booklet includes responses to customers’ common inquires along
with the shari’a opinion thereon.
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First: Deposit
1. What are the types of deposits in Boubyan Bank?
‐ There are two types of deposits in Boubyan Bank, namely:
(a) Mudharaba Deposit, whereby the customer deposits funds to be
invested by the bank under mudharaba and the resultant profits shall
be distributed between them based on pre‐determined and agreed
upon rate of the realized (to be realized) profits. In case of loss, the
customer shall lose his funds while the bank losses its efforts.
(b) Wakala Deposit, the customer authorized the bank to invest his funds
in projects and investments the return on which should not be less
than the pre agreed rate. If the bank realized profits above the rate
agreed upon with the customer, the customer should waive the
excess profits to the bank as an incentive fee for realizing the agreed
upon rate.
If loss was incurred, the bank does not guarantee the invested
amount or the expected profits except in case of negligence or
default.
It’s worthy to mention that deposits in the traditional banks are loans
to the bank to be refunded to the customer upon maturity thereof
along with interests thereon, i.e. the traditional bank is committed to
refund the customer’s funds with interests thereon even if the bank
incurred loss. Such interest is illegal from shari’a perspective as per
the Holy Quaran: "Those who devour usury will not rise up save like
such the one whom Satan has confounded with the touch of madness.
That is because they say: 'Bargaining is just like usury', whereas Allah
has permitted bargaining and forbidden usury. Hence, whoever
receives an admonition from his Lord, then desists, for him shall be
what has already passed, and his affair rests with Allah. And whoever
reverts (to usury) ‐ then they are the inhabitants of the Fire, wherein
shall they abide forever". The general rule in the Islamic Jurisprudence
(Fiqh) stipulates “Any loan that draws profit/interest is usury”.
Moreover, fund employment in the traditional banks is shari’a illegal,
while the Islamic banks employ such funds in shari’a‐compliant
instruments including sale and purchase, Ijara, Wakala, etc.
2. What are the types of deposits in the Islamic Banks?
‐ There are two types of deposits in the Islamic banks viz. (1) deposit on the
mode of mudharaba, which the common type of deposit, and (2)
investment wakala deposit. See explanation under in the previous question.
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(1) Wakala Deposit:
(A) What is the shari’a opinion on fixing a profit rate on wakala deposit?
‐ Permissible. A car owner could ask his agent to sell his car for 5,000
plus 5% profit and confirm to the agent that he, the agent, shall be
entitled to the amount in excess of the sum of 5,000 and 5% profit.
Similarly, the principal authorizes the agent (Boubyan Bank) to
investment funds in shari’a‐compliant investments with a condition
that the return on investments should not be less than 5% and the
excess thereof shall be payable to the bank.
(B) Is the fixed profit considered as a guarantee?
‐ The fixed profit is not a guarantee but an expected profit and a
restriction to the agent (wakil) to invest the principal’s funds only in
such deals the return on which should be at or above the agreed upon
rate.
(C) Is wakala deposit guaranteed?
‐ The bank does not guarantee the wakal deposit except in case of
default or negligence in investment and custody of deposit.
(D) What are the consequences in case the bank realized profit less than
expected?
‐ If this is not attributable to default by the bank, the latter, being an
agent, shall not assume any liability. However, in case of default or
negligence by the bank, the bank shall guarantee the capital and the
(realized) profits thereon.
(E) What is the bank’s profit on wakal deposit?
‐ The bank benefits from investing the customer’s funds. In addition, the
bank generates incentive fee, which is the excess of the agreed upon
rate.
(2) Mudharaba Deposit:
(A) May the bank (the Mudhareb) secure the client’s capital?
‐ The bank may not secure the client’s capital except in case of default or
negligence.
(B) Is it permissible to predetermine the profit on the mudharaba
deposit?
‐ A fixed amount as profit for the client or the profit rate to capital may
not be determined. However, the bank determines the profit rates for
both the bank and the client of the profits that could be realized on the
investment.
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Second: Accounts
1. Current Account
(A) What is the current account from an Islamic perspective?
‐ From shari’a perspective, the current account is a qardh Hassan from the
client to the bank to be repaid at the end of its period.
(B) What is the difference between the current accounts in the Islamic banks
and the traditional banks?
‐ The current account in the Islamic and traditional banks is defined as
considered as loan. However, in the Islamic banks, the client is not entitled
to any profits no draw is made thereon. As for the traditional banks, draws
are made on the current accounts and balances of the current accounts in
the traditional banks are utilized for extending interest‐bearing loans,
which is shari’a illegal (usury).
(C) Is it permissible to receive profits on the current account?
‐ The client may not receive profit on the funds deposited in a current
account, which is defined, from shari’a perspective, as a Qardh Hassan, i.e.
a non interest bearing loan.
(D) Is the current account guaranteed?
‐ Yes, the bank guarantees the client’s funds, which are considered as loan
from the client to the bank that should be repaid in full.
(E) What is the guarantee ratio of the current account?
‐ The guarantee ratio of the current account is 100%, i.e. in case of loss, the
current account’s balance shall be payable by the bank to the client.
2. Saving Account
(A) What is the saving account from shari’a perspective?
‐ The saving account is defined, from shari’a perspective, as a mudharaba
contract between the bank (Mudharib) to investment the client’s funds and
the client (Rabul Mal), who provides funds into the account.
(B) What is the difference between the saving accounts in the Islamic banks
and those in the traditional banks?
‐ Mudharaba is based on profit/loss sharing between the mudharib and rabul
mal in the Islamic banks. The saving account, in the traditional banks, is
defined as an interest bearing loan, which is shari’a illegal; (usury) and
funds of the saving accounts are invested by giving interest bearing loans.
(C) What is the shari’a opinion on the profits realized on the saving accounts?
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‐ The profits realized on the saving accounts are permissible from shari’a
perspective and distributed between the bank and the client as per the
predetermined and agreed terms.
(D) What is the shari’a opinion on the guarantee of saving account?
‐ The bank does not guarantee the amount deposited in the saving account
except in case of negligence or default by the bank in investment and
custody of the funds. The bank takes 40% of the deposited amount as
Qardh Hasan, which is guaranteed by the bank.
Third: Cards
(A) What is the shari’a opinion on the credit cards?
‐ The credit cards give the client give the client the right to borrow from the
bank, i.e. the credit card is a borrowing card.
(B) Is there any difference between the credit cards in the Islamic banks and
the traditional banks?
‐ In the traditional banks, when the client pays a portion of the due amount,
(s)he pays interest calculated on the remaining balance, while the client does
not pay such interest in the Islamic banks. Any interest on the credit card is
considered as usury.
‐ A client of a traditional bank pays interests in case of default but the Islamic
bank’s client pay nothing even in case of default.
(C) Why do issuance charges differ from one credit card to another?
‐ Such charges differ from one card to another based on the type of the card
and the ancillary services such as discounts, insurance and covering the
membership fee of the card’s sponsor like Visa.
(D) What’s the shari’a opinion on the cash withdrawal charge?
‐ Charge on cash withdrawal is against the client’s authorization to the bank to
transfer the money to wherever he is. On the other hand, the card
sponsoring company and the bank from which cash is withdrawn receive
charges on the withdrawn amount. Also, there are foreign exchange
difference and fund transfer charge, which are costs to be assumed by the
client and should be fixed not pro‐rated.
(E) Is the charge on cash withdrawal fixed or pro‐rated?
‐ Such charge is fixed on the withdrawn amount due to the fact that the effort
on the different amounts is the same. Therefore, the charge does not change
and is estimated at KD 6.
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Fourth: Funds:
1. Shari’a perspective for Islamic investment funds?
(Funds’ business is considered as wakala or mudaraba as explained in investment
deposits, where the fund manager is wakil or mudareb also as previously said).
‐ Wakil with or without fees in case he takes a limited percentage.
‐ Mudareb in case of profit sharing.
2. Types of funds in which the Bank is allowed to act as wakil in selling their
units?
‐ Boubyan Bank may only be a wakil for selling fund shares if these funds are
Shari’a‐compliant.
3. Is it permissible to predetermine a projected rate for investment funds?
‐ It is permissible to predetermine a projected rate if the relationship between
the client and the fund is investment agency (wakala).
Fifth: Murabaha:
1. Is it permissible that the client signs the purchase contract with the Bank
before the Bank’s purchase of the commodity from the supplier?
‐ This is impermissible, as the Bank may not sell the commodity to the client
before owning and holding the same for itself.
2. What is the Shari’a ruling if the client pays an amount to the supplier?
‐ This is permissible if this is made to reserve the commodity. In this case, this
amount is deemed as trust with the supplier for the benefit of Boubyan Bank
as actually, the client pays the same to Boubyan Bank but through the
supplier, and this may not be a down payment for the transaction.
3. Is tawarruq permissible under Shari’a?
‐ Tawarruq is one of the controversial issues for Shari’a scholars. Some of
them see tawarruq as permissible under Shari’a as evidenced by Allah’s
saying: “Allah permits trading” and the Prophet’s saying: “"Don't do so, as it
is a kind of usury (Riba) but sell Jam’ (dates of inferior quality) for money, and
then buy Janib (a superior kind of dates) with the money.” These two quotes
show the permissibility of tawarruq as neither usury nor its form is found
therein.
4. How is tawarruq made?
‐ Tawarruq is made in the following way: The bank purchases the a commodity
from a supplier (based on the client’s request), then sells the same to the
client at a forward price, then the client appoints the bank as wakil for him to
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sell the commodity to a third party against a cash amount and delivers the
commodity and receives the cash price.
5. Is the client’s sale of the commodity after purchasing the same in murabaha
from the bank deemed as tawarruq with respect to the bank?
‐ No. This is not deemed as tawarruq with respect to the bank, but rather as a
murabaha transaction as the bank purchased the commodity and sold the
same to the client and upon that the bank’s role ends.
6. What is the difference between murabaha and tawarruq?
‐ Murabaha is when the bank purchases goods then sell the same to a client
(at a predetermined profit), in which case the contract is called murabaha
contract, and if the client, after owning the same, sells it in cash to another
party other than the bank and the first owner, this is called tawarruq, and the
client is the mutawarreq.
7. Is enabling the receipt of the sold commodity deemed as receipt of the sold
goods?
‐ Yes. Enabling the receipt of the sold commodity is deemed as receipt of the
sold commodity and this party is deemed as an transferor.
8. Is the guarantee of the sold commodity after selling and before delivering the
same on the seller or the purchaser?
‐ The guarantee of the sold commodity lies on the seller till the purchaser
receives, or the seller enables him to receive, it.
9. Is it permissible for the purchaser to determine a place for delivery of the sold
commodity?
‐ Yes. The purchaser is entitled to provide in the contract that the delivery of
commodity will be in a specific place.
10. Is it required that a specific period lapses after the bank’s purchase of the
commodity in order to be able to sell the same?
‐ There is no specific time for that, but upon the bank’s purchase of the
commodity and having the same under its guarantee (i.e. becoming liable for
any damages occurring thereto) it may sell or otherwise dispose of it.
11. It is permissible to impose a fine in case of client’s default in paying
installments?
‐ No. This is impermissible as usury is prohibited by Shari’a.
12. It is permissible to purchase utilities and re‐sell them? And what is the Shari’a‐
compliant form for that?
Example: (Education Utilities):
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‐ Yes. It is permissible to purchase utilities as well as real estates, as these are
funds that may be sold and purchased under the Shari’a‐compliant form:
ijara contract, and the Shari’a scholars regard it permissible that one takes a
property on lease then sub‐leases it to another.
Sixth: Shares:
1. The ruling on selling and purchasing shares and trading in stock exchanges?
‐ It is permissible to sell and buy shares provided they and their purposes are
Shari’a‐compliant.
2. Are there any companies in whose shares trading is impermissible?
‐ Yes. The companies whose Articles of Association permits dealing in usury
and other matters prohibited under Shari’a like wine…etc.
3. How can I identify the companies in whose shares selling and purchasing is
impermissible?
‐ In order to indentify if it is permissible to sell or purchase a company’s shares
you should review the provisions of its Articles of Association, and see
whether the company has a Shari’a supervisory board or not, as well as
review its balance sheet and its items.
Seventh: Zakat:
1. What is zakat threshold amount (nisab)?
‐ 85 grams of gold, and the zakat threshold amount varies according to gold
prices on the day of lapse of a hijri year since reaching the zakat threshold
amount.
2. How is share zakat calculated?
‐ There are two ways for calculation of zakat according to investor type:
A. Long‐term investor who purchases the shares with the intention to retain
the same and benefit from their annual profits. In this type, the company
may either calculate its zakat and advise the client thereof, or going to
the Zakat House to calculate his zakat; and in case the company has no
announced balance sheet, knowing the accurate amount is more
precautionary and paying zakat shall be according to the nominal value.
B. (Mudareb) who sells and purchases shares in the stock exchange with no
intention to retain them, and in this case zakat shall be paid according to
market price.
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3. Is it required that a hijri year lapses since reaching zakat threshold amount
before paying zakat?
‐ Yes. It is provided that a hijri year lapses since reaching the zakat threshold
amount before paying zakat.
4. Is zakat on the leased property calculated on the profits or the property and
profits?
‐ If the property is leased, then the zakat shall be calculated on the remaining
amount of rental on the day when a hijri year lapses since reaching zakat
threshold amount, and no zakat is payable on the property itself.
5. What is the Shari’a‐compliant form for health insurance contracts?
‐ Takaful insurance of different types, including health insurance, is based on
donation not compensation, as the insured contributor as well as other
contributors donate by paying the contributions and the in case a damage
occurs to any of them, he is compensated from such contributions. This type
of insurance is based on Allah’s saying: “Help one another in birr (benevolent
and righteous deeds) and taqwa (piety).”
6. Is it permissible to insure with a conventional insurance company?
‐ It is impermissible to insure with a conventional company, as such insurance
is based on compensation, which is a type of “usurping people’s money with
no right”, and also based on gharar (uncertainty), which is prohibited under
Shari’a.
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