Islamic Finance Law from A-Z

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Adadiyyah

Countables (pl. `adadiyyat) i.e. things which are measured in individual units rather than by volume, weight, or length. An example of `adadiyyat are eggs which are customarily purchased in unit, (half dozen, dozen, etc.) rather than by weight.

Adl

General term which conveys the meanings of justice, equity and fairness.

Ahadith

Plural of Hadith, traditions of the holy Prophet of Islam describing his utterances, actions, instructions and actions of others (Companions) tacitly approved by him.

Ahd

Generally, a unilateral promise or an undertaking, although sometimes it also covers a bilateral obligation.

Ain

Determinate property; property that is not Dayn; generally the commodities of material value in themselves; plural ‘Aay¯an.

Ajr al-Mithl

Rent or wage to be decided by a judge or arbitrator.

Ajr al-Musammah

Agreed rent or wage in Ijarah or Ujrah contracts.

Akhlaq

Morals, ethics and matters related to self- discipline and discipline regarding relationships with others.

Al-Ajr

Commission, fees or wages charged for services rendered or work done.

Al Ghunm bil Ghurm (principle)

Principle that profit earning is legitimized only by risk-sharing and engaging in an economic venture. This provides the rationale and the principle of profit-sharing in Shirkah arrangements. Al Kharaj bil Daman has similar meaning: one can claim profit only if one is ready to take liability – to bear the business risk, if any.

Al-Hisbah

The institution of ombudsman, a social regulatory body empowered to check imbalances in the market for the purpose of re-establishing a better semblance of market-driven exchanges in the light of the principles of justice.

Al-Sarf

Sale of monetary value for monetary value – currency exchange. In Islamic law such exchange is regarded as “sale of price for price”, and each price is a consideration of the other; has to be simultaneously paid.

Al-Wadi‘ah

A basis for safe-keeping of deposits (Am¯anah) on which no profit can be sought.

Amanah

Refers to deposit in trust. A person can hold a property in trust for another, sometimes by express contract and sometimes by implication of a contract. It entails the absence of liability for loss, except in breach of duty. Current accounts are regarded as Amanah. If the bank gets authority to use current account funds in its business, Amanah transforms into a loan. As every loan has to be repaid, banks are liable to repay the full amounts of the current accounts, irrespective of their loss or profit.

Amil

One who performs a task, an agent. One who deserves compensation for some task which he does, such as the mudarib (manager) in a mudarabah contract or a zakat collector.

Aqar

Real estate; Immovable property such as land (Ard), buildings, trees and so forth. 

Aqd

Aqd is a central term in Islamic financial law, which essentially means, "contract." 

Arif

An expert who is consulted in situations which require an impartial, informed decision, such as the appraisal of property.

Ariyah

A contract in which one party loans another the use of some item for an indefinite period of time. Ariyah is generally used to refer to the neighborly lending of small articles. 

Ayn

Ayn is term used by the classical jurists to refer to currency or ready money. The term `ayn refers to gold, silver, coins, notes and any other form of ready cash. `Ayn is often contrasted with dayn. 

Ajr

Generally ajr means compensation or wage. In an ijarah (lease) contract, the ajr is the price paid by the hirer to the hired party in exchange for the services which the latter renders. 

Akl al-suht

Unlawful acquisition of wealth.

Al-ajir al-khas

A hired-worker who is contracted to perform a specific task in a specific amount of  time by one party, such as a cook or a servant. 

Al-ajir al-mushtarak

A worker, such as a tailor, who offers his services to many and thus may be contracted by several clients at once. 

Al-ajr al-mithl

The prevailing rate; the price which is normally paid for a given service. 

Al-akl bi l-batil

Unlawful acquisition of wealth.

Al-amin al-`amm

One who has been entrusted with the property of another for a reason other than safe-keeping (wadi`ah), such as a tenant who rents an apartment or the mudarib in the mudarabah contract. 

Al-amin al-khas

One who has been entrusted with the property of another and is responsible for it, as is the case in the wadi`ah (safe-keeping) transaction.

Al-amwal al-ribawiyah

The six kinds of substances (gold, silver, dates, wheat, salt and barley) which, when exchanged in kind, must be exchanged in equal measure and with immediate transfer of possession. If these conditions are not met, then the exchange is considered to be riba (interest). 

Al- kharaj bi Daman

The Islamic legal principle that means entitlement to revenue follows assumption of responsibility. Profits, therefore, are based on the ownership of, and responsibility for, capital.

Al-hajjah al-asliyyah

Lit: Basic needs. Tech: In relation to the law of zakat, the shariah has exempted those assets which are required to fulfill one's basic needs. Also spoken with regard to economic role of the Islamic state. The Islamic state is responsible to provide for the basic needs of all citizens, should some of them fall short of the means.

Aqd

“contract”.

Aqd Batil

An invalid contract – one which does not fulfil the conditions relating to offer and acceptance, subject matter or the consideration and possession or delivery of the subject matter or involves some illegal external attributes like the involvement of Riba, Gharar or Qimar.

Aqd Ghair Lazim

A contract in which any of the parties has a right to revoke it without the consent of the other.

Aqd Lazim

A contract in which none of the parties has a unilateral right to revoke (without the consent of the other).

Aqilah

Kin or persons of relationship who share any responsibility.

Ariyah

Gratuitous loan. The loan is about  a particular piece of property, the substance of which is not consumed by its use, without anything taken in exchange. In other words, it is the gift of usufruct of a commodity that is not consumed on use. It is different from Qard, which is the loan of fungible objects which are consumed on use and in which the similar and not the same commodity has to be returned. It is also a virtuous act like Qard. The borrowed commodity is treated as a liability of the borrower, who is bound to return it to its owner.

Athman

Plural of Thaman – monetary units – medium of exchange used for payment of prices and liabilities.

Ayah

The term refers to a passage from the Holy Qur'an. 

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