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                                                                   Philosophy and Fundamentals of Sharī’ah for Islamic Finance
                                                                                                         SHA0011




                         Allāh SWT says:
                         “And what Allāh SWT restored to His Messenger SAW from the people of
                         the towns - it is for Allāh SWT and for the Messenger SAW and for [his]
                         near relatives and orphans and the [stranded] traveller - so that it will
                         not be a perpetual distribution among the rich from among you”
                                                                            (al-Ḥasyr 59: 8)


               2.     Fair and Transparent
                      Islamic finance operation and activities must be conducted in such a way
                      that they discard dispute and hostility among parties in a contract. In
                      this regard, fair and transparent dealing are among the key principles,
                      whereby  Sharī'ah  put  a  great  emphasis  in  commercial  dealing.  It  is
                      reinforced with other related concept, such as mutual consent (tarāḍin)
                      that arises out of transparent and fair dealing.





                        Allāh SWT says:
                        “O you who have believed, when you contract a debt for a specified
                        term, write it down. And let a scribe write [it] between you in justice”.
                                                                        (al-Baqarah 2: 282)




                        Allāh SWT says:
                        “O you who have believed, do not consume one another’s wealth unjustly
                        but only [in lawful] business by mutual consent. And do not kill yourselves
                        [or one another]. Indeed, Allāh is to you ever Merciful”.
                                                                            (an-Nisā’ 4:29)


               3.      Equity and Justice
                       Islamic finance aims at establishing a win-win situation among contracting
                       parties. It debunks the practice of gaining profit at the expense of any
                       counter parties through an oppressive dealing, fraudulent, misrepresentation
                       and undue influence.



                        Allāh SWT says:
                        “Indeed, Allāh SWT orders justice and good conduct and giving to relatives
                        and forbids immorality and bad conduct and oppression. He admonishes
                        you that perhaps you will be reminded”.
                                                                          (al-Naḥl 16: 90)
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