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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
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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)