Glossary of Islamic finance terms and contracts

Welcome
The recent impressive growth in the Islamic finance industry
makes it essential that the world’s financial bodies and institutions
understand this market and have suitably qualified staff to
service the industry’s needs.

Conventional finance includes elements such as interest and

risk which are prohibited under Shari’ah law. Islamic finance or
Shari’ah compliant financial activities excludes prohibited items
and activities allowing individuals to invest savings and raise
finance in ways which do not compromise their religious or
ethical beliefs. Islamic financial products and services are
developed to adhere to legal maxims that are the overriding
principles and essential parameters of Islamic law, widely
accepted by Muslim jurists. These new products are based round
a series of contracts, the principles of which most readers will
readily recognise. These contracts dramatically change the
relationship between the bank and the suppliers of funds and
similarly, the relationship of the bank with the users of funds.

CIMA is working with industry leading professionals to

provide globally relevant qualifications in Islamic finance.
Many approaching Islamic finance for the first time are daunted
by the intricacies of the subject, but a little effort usually leaves
them feeling confident to explore this dynamic area of finance.
This glossary explains the key Arabic terms and contracts used
in Islamic finance, giving alternate spellings, where applicable.

Find out more about what support CIMA can offer on Islamic
finance at www.cimaglobal.com/if
Glossary of Islamic finance terms and contracts

Greetings
Receiving guests

Taa-ba sa-baa’ hu-kum

Good morning to all of you

Taa-ba ma-saa u’kum

Good afternoon/evening to all of you

Ah-lan wa-sah-lan ila...

Welcome to...

Visiting

Taa-ba sa-baa’ hu-kum

Good morning to all of you

Taa-ba ma-saa u’kum

Good afternoon/evening to all of you

Bi-da-ya-tan ash-kur-kum a-la ha-dhihi al-dakwah

Firstly, I would like to thank you for this invitation
 Glossary of Islamic finance terms and contracts

A
Glossary
A Absentes – a contract where the parties are not present at the
time of agreement

Accounting and Auditing Organisation for Islamic Financial

Institutions (AAOIFI) – Set up in 1991 to develop new standards
and encourage the application of these standards, AAOIFI is now
recognised as the main standard-setting organisation within
Islamic finance. Since inception they have issued up to 70 standards
on accounting, auditing and governance, in addition to codes of
ethics and Shari’ah standards.

Al-kharaj bi al-daman – the concept that the size of reward

should correspond to the level of risk involved.

Amanah – is not a contract as such, but is a feature or a

requirement in some specific contracts that impose on one of
the parties to disclose the actual cost price, such as in Murabahah
sale as compared to negotiated price sale (Musawwamah) with
no requirement for such disclosure. Amanah relates to the part
of the buyer/seller relationship that is based on trust. This might
occur where the financial institution buys goods from a third
party vendor on the request of the institution’s customers, which
will subsequently purchase the goods from the financial
institution. Upon purchasing the goods from the vendor, the
financial institution assumes risks relating to the specified asset
until the point of purchase by the buyer. An Amanah, or
trusteeship, is required of the seller/financier to disclose the
actual cost of the goods purchased from the vendor before
selling it to the customer at cost plus mark-up.

Another example of Amanah being introduced into an Islamic

financial arrangement would be Wadiah Yad-Amanah, which is
 Glossary of Islamic finance terms and contracts

where a bank as the custodian undertakes the task of safekeeping

AB

the assets or funds deposited by a customer in a safe custody

contract, based on trusteeship. It is executed between two
parties, namely the depositor (owner) and the bank (custodian).
The liability of the custodian triggers only in cases of negligence
and misconduct. This is to distinguish between safe custody
contracts, which are based on liability, and this safe custody
contract, which relies on trusteeship. It establishes the liability
of one of the parties, whereby a contract that is featured as
Amanah will not inflict any legal liability on the part of the
custodian, except in the case of negligence and misconduct.

Key principles of Amanah

• Requires a true and honest disclosure of the cost price in all
Amanah-based sales.
• Establishes liability on trustees only in cases of negligence
and misconduct.

‘Aqd [‘Aqad] – contract

‘Ariyah – provision of the right to use at no consideration (loan)

Ashum – shares

B Bancassurance – insurance offered or marketed through banks

instead of through insurance branches or agents.

Bancatakaful – Takaful offered or marketed through banks

instead of through Takaful branches and agents.

Bay’ [Bai’] – sale

Bay’ al-dayn – the sale of debt

 Glossary of Islamic finance terms and contracts

Bay’ al-Inah – sell and buy-back to obtain cash

BDFG
Bay’ al-murabahah – sale of a commodity at cost price plus a
known profit

Bay’ al-tawliyah – sale at cost without profit or loss

Bay’al-wadiah – sale below the cost price or at a discounted price

Bay’ mu’ajjal – deferred payment sale

Bayt al-mal – government treasury

Bulugh – physical puberty

D Darurah – a necessity or emergency. This is a condition in which

aspects of Shari’ah may be suspended in order to preserve life, or
to assure the safety of the Muslim community, or an individual.

Dayn – a debt or the obligation to deliver an asset

Diminishing Musharakah – see Musharakah mutanaqisah

F Fiqh – Islamic substantive law

Fiqh al-muamalah – Islamic commercial law

G Gharar – uncertainty

Gharar fahish – major uncertainty

Gharar yasir – minor uncertainty

 Glossary of Islamic finance terms and contracts

H Hadiah al-thawaab – a gift with the intention of getting the

reward from the recipient in the future.

Hajj (Haj, Haji) – Islamic Pilgrimage to Mecca

HI

Halal – acceptable and lawful

Hamish Jiddyah – a security deposit paid by a party prior to

entering into an exchange contract such as sale and lease, for his
commitment for this intended contract. Should the party fail to
enter into the contract, the other party can use the deposit to
cover any losses incurred.

Hanafi – particular school of law

Hanbali – particular school of law

Haram [Haraam] – unacceptable or prohibited

Hasuna – pleasing, appealing or nice

Hiba [Hibah] – gift

Hiwalah [Hawala] – transfer of debt/right to claim

Hukm – a ruling in the Qur’an or the Traditions of the Prophet

Muhammad, or derived through the reasoning of jurists.

I Ibra’ – can be defined as a discount or rebate. An example of Ibra’

in practise might be where a bank which is owed a set amount
from one of its clients and accepts less for early payment. This
practice of discount or rebate avoids unjust enrichment and
maintains the competitiveness of the bank.
 Glossary of Islamic finance terms and contracts

Key principles of Ibra’

• Relates to the forfeiting of rights to claim.
• Involves a discount or rebate for early repayment of an
amount owed.

I
Islamic Research and Training Institute (IRTI) – Established in
1981 to undertake research and provide training and information
services in the member countries of the Islamic Development
Bank and Muslim communities in non-member countries.

I’fa’ – waiver to set aside right

Ijarah – a lease contract

Ijarah ‘ala al-ashkhas – hire of people

Ijarah al-a’yan – lease of the asset

Ijarah mawsuufah fi dhimmah – a lease on a specific

description of the property to be constructed and delivered in the
future whereby the lease payment may be collected prior to the
delivery of the asset.

Ijarah muntahia bi tamleek – where an option to transfer the

title of the asset to the customer is provided for in the lease, the
lease arrangement is Ijarah muntahia bi tamleek. It is also known
as Ijarah thumma al bay’ (lease followed by sale) or Ijarah wa
al-iqtina’ (hire and purchase). The objective of this financing is to
transfer the legal title of the leased asset to the lessee at the end
of the lease period. At the end of this contract, the bank will
surrender its ownership of the asset to the client in consideration
of the total accumulated rental claim that is inclusive of the profit.

The concept of Ijarah muntahia bi tamleek is an alternative to

finance leasing and in particular hire-purchase financing. There
 Glossary of Islamic finance terms and contracts

are several forms of Ijarah muntahia bi tamleek financing which

reflect the different modes of transferring the ownership of the
asset such as gift, sale and transfer of equity claim from the lessor
to the lessee.

Key principles of Ijarah muntahia bi tamleek

• Involves a lease with an option to purchase the leased asset.
• At the end of the lease period title transfers to the lessee.
I

• Several forms exist to reflect the mode of transfer of ownership.

Ijarah mustaqbal – forward Ijarah

Ijarah tasqhilliyyah – refers to an operating lease, where the

financial institution transfers the usufruct (right of beneficial use)
of a particular property to another person in exchange for a rent
claimed from the lessee. The financial institution, such as a bank,
will purchase an asset, for example plant and machinery, from a
vendor and lease it to the lessee or client at an agreed rate for a
defined period. The operating lease will clearly state that the
lessee has the right over the usufruct in exchange of a rental
claim. The ownership of the asset will not be transferred to the
lessee during the period of the Ijarah contract. At the end of each
Ijarah period, the bank will negotiate a new lease with the lessee
and the lease period will continue until the bank chooses to scrap
the asset. No option or right to purchase is granted to the lessee.

Key principles of Ijarah tasqhilliyyah

• Involves a straightforward operating lease.
• At the end of the lease period title does not transfer to
the lessee.
• At the end of the lease period the owner of the asset will
negotiate a new lease or sell/scrap the asset.

Ijarah thumma al bay’ – see Ijarah muntahia bi tamleek

 Glossary of Islamic finance terms and contracts

Ijarah wa al-iqtina’ – see Ijarah muntahia bi tamleek

Ijtihad – interpretation

Ijma’ – consensus or agreement of all Muslim scholars over

interpretation.

‘Illah – effective cause or ratio legis

I
In rem – action relating to property rather than the person

Inter absentes – not physically present

Inter praesentes – physically present i.e. face to face

Istihsan – equity consideration

Istishab – presumption of permissibility

Istisna’ – is a contract to build, manufacture, construct or

develop the object of sale at a definite price, over a defined period
of time, according to agreed specifications between the parties.
An Istisna’ contract can be established between a bank and
contractor, developer or producer that allows the bank to make
progress payments as construction progresses. Istisna’ financing
is provided in the form of advance progress payment(s) to the
customer who builds, manufactures, constructs or develops the
object of sale. Upon completion of the project, the asset is
delivered to parties who agreed to take delivery of the asset.
Parallel Istisna’ arises when the party that intends to take delivery
provides advance progress payment to the bank to engage the
builder, manufacturer, contractor and developer.
 Glossary of Islamic finance terms and contracts

Variations of timing and cash flow expectations, between the

purchaser and the parties that deliver the object of sale, are
bridged by the bank.

Key principles of Istisna’

• Involves the purchase of an item that has yet to be built,
manufactured or constructed.
• Progress payments are normally made by instalments as
construction progresses.
• On completion of the project the asset is delivered to those
IJK

that originally commissioned it.

• Parallel Istisna’ is where those that commission the asset make
progress payments to the financier as the asset is constructed
by another contractor or developer.
• Parallel Istisna’ allows for any mismatch in the timing or
amount of cash flows between those that commission the
asset and those that construct it.

Istisna’ muwazi (parallel Istisna’) – see above

J Ju’alah – commission-based

K Kafalah – is a contract of guarantee or surety that provides

assurance in terms of performance and value when the object
of the transaction is exposed to adverse change due to varying
outcomes. In trade financing, a bank guarantee is issued when the
owner of goods discharges the liability for the goods on behalf of
a third party. Such guarantees are often used in cases of goods
being imported. The exporter knows that the goods will be paid
for and can feel free to allow the goods to be uplifted by the
importer. The importer may be required to offer some form of
collateral as surety and will normally pay a fee for the service. The
purpose of a Kafalah contract is to facilitate international trade.
 Glossary of Islamic finance terms and contracts

Key principles of Kafalah

• Involves a guarantee or surety.
• Used when something being bought or sold could change in
value if exposed to adverse conditions.
• Often used when importing/exporting goods.
• Facilitates international trade.

L Litera legis – literal rule

KLM
M Madhhab – schools of Islamic law

Madhahib – plural of Madhhab

Mafsadah – evil and harm

Maisir [Maysir] – game of chance

Majallah al-ahkam al-adliyyah – the Islamic Civil Code of the

Ottoman Empire

Makhatir – risk which is integral in any business or commercial

dealings

Maliki – particular school of law

Maqasid – objectives and ultimate purposes of Islamic law

Maslahah – what is good or beneficial

Maslahah mursalah – benefit or interest / unrestricted public

interest

Mejelle – English translation of Majallah al-ahkam al-adliyyah

 Glossary of Islamic finance terms and contracts

Mu’ajjal – deferred (see Bay’ mu’ajjal)

Mudarabah [Mudaraba, Mudharabah, Modaraba] (capital

provider – Rabb al-mal, entrepreneur – Mudarib) – a
Mudarabah contract is a profit sharing contract. Under a
Mudarabah contract, the capital provider agrees to share the
profits between themselves and the entrepreneur at an agreed
ratio or percentage. (1) As a source of capital for a business
venture, a businessman might consider undertaking a commercial
project financed by funds from a bank under a Mudarabah
contract. If agreeable, the bank supplies the finance to the
businessman on the understanding that both parties will share
the profits of the venture. (2) As a deposit taking activity, money
M

deposited in a bank by an individual or institution under a

Mudarabah contract is treated as an investment in the bank by
the individual or institution. The bank will use this investment
to help make profits from its trading activities, i.e. financing of
individuals and businessmen. Under the Mudarabah contract,
the bank will have agreed to give the depositor a share of its
profits in return for the investment, based on a pre-agreed ratio.

Investment financing through Mudarabah is a commitment to

participate in the risk associated with business ventures, with the
aim of sharing the profit generated from a given business venture.
Parties to the Mudarabah contract will only benefit if the venture
is successful. Should the project fail, the financier will lose his
investment, whereas the businessman will only lose the time and
effort expended on the project.

In general, conditions imposed and agreed on by both parties

limit the mobilisation of the funds raised under a Mudarabah
contract, such as pooling with other funds, types of business
venture or investment, as well as profit and loss sharing among
the funds. In the case of a savings account, a Mudarabah contract
 Glossary of Islamic finance terms and contracts

without conditions and restrictions is usually adopted, which

is intended for public and retail investors. Mudarabah, unlike
Musharakah, does not entitle the capital provider to an executive
function in the management of the business venture.

Key principles of Mudarabah

• Profit sharing contract.
• Returns depend on a profit being earned.
• Conditions could apply to what the investment can be used for.
• Requires a commitment to participate in the risk associated
with business venture.
• The businessman only loses the time and effort expended on
the project, where the financier assumes the financial loss.

M
• Does not entitle the financier to any say in the running of
the venture.

Mudarabah muqayyadah – This type of contract is used in

specific bank accounts known as restricted investment accounts
(RIAs), where the bank acts as an agent for the investor(s) simply
by acting upon their instructions. Here, the funds deposited based
on the Mudarabah contract are never really under the control of
the bank because the depositor(s) determine the manner as to
where, how and for what purpose the funds are to be invested.
Commingling of the funds raised under this type of contract
with the bank’s shareholder and other deposit funds is usually
restricted or prohibited.

The returns distributed to restricted investment account holders

(RIAHs) is based on an agreed profit sharing ratio confined to the
returns earned on a designated specific investment portfolio
involving the funds agreed upon by the RIAHs.

Any distribution between the bank and the depositor will be in

accordance with an agreed profit sharing ratio.
 Glossary of Islamic finance terms and contracts

Mudarabah profits or income distributable to RIAHs are derived

from the performance of designated financing assets or
investments managed by the bank.

Key principles of Mudarabah muqayyadah

• Financial institutions act as entrepreneurs or agents for
investors.
• Investors decide where funds will be invested.
• Commingling of funds is either restricted or prohibited.
• Returns paid to investors come only from returns earned on
the specified investments.

Mudarabah mutlaqah – unlike Mudarabah muqayyadah, this

contract relates to investment accounts where the account
holder fully authorises the bank to invest the funds without
restrictions imposed by the account holder and is in accordance
M

with Shari’ah principles and rules. The funds are pooled with the
bank’s shareholder funds and other deposits to facilitate financing
and investments by the bank. The returns depend on the level of
profits earned, and are shared and distributed across the varying
classes of investment account holders based on different
investment horizons from one to 60 months or more. Usually,
returns to investment account holders are computed and accrued
on a month-to-month basis. The investment account holder
must submit written notice to Islamic banks prior to the
withdrawal of funds and a minimum notification period is
required. Mudarabah profits or income distributable to
unrestricted investment account holders are derived from the
performance of the bank’s financing assets and investments.
 Glossary of Islamic finance terms and contracts

Key principles Mudarabah mutlaqah

• Financial institutions are fully authorised to invest deposited
funds without restrictions.
• Commingling of funds can take place.
• Returns paid to investors come only from returns earned across
all investments of the financial institution.
• Returns paid to investors depend on class and time horizon of
investment.

Muhammad – the Last Prophet of Islam

Mujtahid – the person who performs Ijtihad

Mumalah [mumalat] – financial transaction

Muqasah – set-off

M
Murabahah – a Murabahah contract refers to a cost plus
mark-up transaction between parties.

Murabahah financing is the prevalent mode of asset financing

undertaken by a large number of Islamic banks. It represents a
significant portion of Islamic bank financing of either short term
or long term asset financing. Under this contract, a three party
arrangement is made where the customer places an order with
the financial institution to purchase goods from a supplier. The
customer can pay a security deposit with the financial institution
and the amount of financing outstanding can be secured either
in the form of collateral or a guarantee. The financial institution,
having purchased the goods from the supplier, then sells them
to the customer at a credit price including mark-up, with a fixed
credit period. The nature of the buyer and seller relationship is
based on the principle of trust (Amanah), mentioned previously,
 Glossary of Islamic finance terms and contracts

where the seller upon purchasing the goods from their supplier
must honestly disclose to the customer the actual cost price of
the purchase, prior to selling the asset to the customer under a
Murabahah.

Under this contract, the customer is always aware of the

mark-up, i.e. it is set in advance, and pays the Murabahah selling
price either on an instalment basis or at the end of the financing
period. The mark-up or profit agreed in the price does not change
over the period. Hence there is a price ceiling for the Murabahah
financing to ensure certainty in the price. Rebates may be granted
for early settlement, provided the rebate provision is not
contractually documented in the contract. On the other hand,
provision for penalty charges for delinquent payments could be
included in the contract as a form of compensation but to be
distributed to charity as the provision is only to deter morally
hazardous behaviour. The bank may take some of this
compensation money to cover the actual cost incurred by the
bank due to the default. Compensating for loss of opportunity
M

cost or cost of funds is not acceptable.

Key principles of Murabahah

• Cost plus mark-up arrangement.
• Usually involves a financial institution, the customer and a
third party vendor.
• Based on a relationship of trust between the parties.
• Can be secured by collateral or guarantee.
• Sets a fixed priced between the financier and customer.
• The price is paid over an agreed period of time.
• Early payments are allowed and can result in a reduction of
the overall price charged.
• Penalties can be applied for late payment as a deterrent.

Murabahah-tawarruq – contract to realise cash

 Glossary of Islamic finance terms and contracts

Murabahah li al-amir bi al-shira – Murabahah to the

purchase orderer

Musawamah – negotiated sale, a general kind of sale in which

the price of the commodity to be traded is bargained between
the seller and the purchaser without any reference to the price
paid or cost incurred by the seller.

Musawamah, Tawliyah – negotiated sale at agreed price

Musharakah [Musyarakah] – a Musharakah contract is a form of

equity partnership investment. It is similar to equity investment
in a conventional capital market but the investments made must
be confined to stocks and financial securities or other assets that
are consistent with the principles of Shari’ah.

Note, partnership contracts come in three forms, namely Shirkah

al-Amal (work partnership), Shirkah al Wujoh (partnership by
reputation) and Shirkah al-Amwal (partnership by capital).

M
Musharakah financing is based on Shirkah al-Amwal (partnership
by capital).

As a form of equity based financing, like Mudarabah investment

financing, Musharakah financing is a commitment by the
financier to participate in risks associated with business ventures.
Musharakah also means a joint enterprise in which all partners
share the profits or losses of the venture. While the profit sharing
ratio may be negotiated, the loss sharing ratio must always be
proportionate to capital contribution. It also allows the institution
to be involved in the executive decision on administration,
operations and management of the business activity. The
financial institution would be able to mitigate any form of
operational risks by assuming an element of control in the
conduct of business.
 Glossary of Islamic finance terms and contracts

The Musharakah financing mechanism operates on a capital

contribution basis for a defined existing or potential project or
assets. The outstanding financing amount could increase or
decrease depending on the demands for funding during the
financing period. At any point in time, the outstanding capital
contribution provides the basis for determining the profit or loss
sharing ratio. As a profit and loss sharing arrangement,
Musharakah takes various forms, depending on the parties’
capital contribution and their effort in managing the venture.
Musharakah is considered as the most flexible form of equity
financial claim that can be adopted for various economic sectors,
including services, production and distribution.

Key principles of Musharakah

• Profit and loss sharing contract.
• The financier invests in the venture.
• Requires the participants to work in partnership.
• The financial institution or lender has a say in the running of
the project.
• Relates to a specific project or asset.
• Returns depend on a profit being earned.
• Allows for the level of finance outstanding to fluctuate up
M

or down.
• Requires a commitment to participate in the risk and loss
associated with a business venture.

Musharakah mutanaqisah – is a variety of Musharakah

contract, where the term Mutanaqisah means ‘to diminish’.
Thus, Musharakah mutanaqisah, also referred to as Diminishing
Musharakah, means a form of partnership which creates an
avenue for the capital provider to reduce or be free of the joint
ownership after the initial investment period has been satisfied.
As mentioned above, a normal Musharaka contract allows for
fluctuating levels of investment, but a Musharakah mutanaqisah
contract specifically relates to a reducing investment.
 Glossary of Islamic finance terms and contracts

Diminishing Musharakah provides an avenue for the financial

institution to systematically reduce its exposure over the
financing period, with planned and scheduled redemption of
the contribution amount. This form of finance is often used
in the purchase of a house in the form of a joint venture.

The financier contributes the bulk of the house price with the
individual customer contributing the remaining balance. The joint
venture accepts rental repayments from the individual who is
now living in the house. The rental is split between the financial
institution and the homebuyer with the homebuyer’s share going
toward the redemption or dilution of the financier’s shareholding.

Key principles of Musharakah mutanaqisah

• As with Musharakah above.
• Allows for planned diminution in investment to the point where
the financier exits the venture.
• Effectively finances the customer to acquire an asset through a
joint venture scheme.

P Parallel Istisna’ – see Istisna’ – two contracts operated in parallel

MP
Parallel Salam – see Salam – two contracts operated in parallel

Praesentes – where the parties to the contract are present at

time of agreement.
 Glossary of Islamic finance terms and contracts

Q Qard Hassan – interest free loan

Qiyas – analogy

Qiyas al-tard – extension of a legal rule from one case to

another due to a material similarity.

Qur’an – the Holy Book revealed to the Prophet Muhammad

R Rahn – pledge

Ra’y – personal opinion

Ratio decidendi – legal basis

Rem – see in rem

Riba – interest or usury

Riba al-fadl – The concept of Riba al-fadl refers to exchange or

sale transactions in trade which effectively result in the charging
of ‘interest’ through the exchange of the same commodity, but
of a different quality or quantity. ‘A’ may give ‘B’ ten tons of hay
now in exchange for ‘B’ giving ‘A’ eleven tons when the harvest
QR

has been completed. In order to avoid Riba-al-fadl goods should

be exchanged in equal quantities at the same time.

Riba al-nasiah – Interest-based lending that results from the

exchange not being immediate. A previously acceptable practice
similar to conventional lending today where the borrower pays
the lender more than the original amount lent to reflect the delay
in repayment. The practice is now specifically prohibited.

Ribawi – usurious or interest-based

Rushd – prudence
 Glossary of Islamic finance terms and contracts

S Sadaqah – voluntary charitable contribution by a Muslim seeking

to please Allah.

Sadd al-dharai’ – blocking the means

Sahm – a share

Salam – refers to the purchase of a commodity for deferred

delivery in exchange for immediate payment.

Thus, in a Salam contract, the price is paid in full and in advance

while the commodity is deferred to an agreed date in the future.
This type of contract might be used where the commodity price
is subject to change. The buyer is locked with the purchase price
at contract date and thus hedged against price increase. Stringent
conditions are applied to ensure a binding and legally enforceable
contract such as reasonableness of delivery and specifications of
quality type and quantity of commodities. Any variations of
quality and quantity of goods as well as timeliness of delivery
would not affect the agreed price.

The object of a Salam contract must be commodities that can be

specified clearly, due to the non existence of the object of sale at
the time when the contract is concluded. The detailed features
and specifications of the product of sale must be agreed upon to S
avoid ambiguity that would render the contract unknown to the
parties. When a disparity or mismatch arises in terms of types,
quality and timing of delivery, the buyer has either the choice to
take delivery without discount or premium on price, or to revoke
the contract. Advance payment made by the bank to the seller
or exporter to deliver or produce the goods constitutes Salam
financing. Parallel Salam is based on two independent Salam
contracts whereby the financier will be both the seller and the
buyer in this arrangement. In the first Salam contract, the IFI
(Islamic financial institution) will be the buyer of the Salam asset
 Glossary of Islamic finance terms and contracts

by providing a full payment to the seller against a future

delivery of an asset. Then, this IFI may enter into a Salam
contract as a seller with another party for a shorter period of
delivery of the asset. The spread between the first and second
Salam contracts is the profit earned by the IFI through this
parallel Salam arrangement.

Key principles of Salam

• Involves a forward purchase of a commodity.
• Full payment is made at the beginning of the contract period.
• Goods are received at the end of the contract period.
• The goods must be clearly identifiable.
• Remedies are available for failure to complete the contract
as specified.
• Parallel Salam is useful to finance the ultimate producer as
the IFI is neither the ultimate producer nor the user.

Sanadat al-dayn – certificates of debt

Shafi’i [Shafi’e] – particular school of law

Shari’ah [Shariah, Sharia, Shari’a, Sharia’a, Syariah] – sacred

law revealed by God Almighty

Shirkah – partnership

Shirkah al-mufawadah – equal partnership

S

Sukuk – certificates of investment

Sukuk al-Ijarah – certificates of investment in leased assets

Sukuk al-Intifa’a – Sukuk for use or services

Sukuk Istithmar – certificates in investment

Sunnah – The Traditions of The Prophet Mohammad

 Glossary of Islamic finance terms and contracts

T Ta’awun – cooperation

Tabarru – donation contracts

Tadawul – Saudi Stock Exchange

Takaful – is an Arabic term derived from the root word kafala,

meaning to guarantee. To be more precise, it is derived from
the verb ‘Takafala’ meaning to mutually guarantee and protect
one another.

Therefore, literally, it means mutual help and assistance. It can

be noted that the contract of Takaful is based on the concept
of helping one another, whereby each and every participant
contributes to the common fund in order to provide financial
assistance to any member who needs help, as defined in the
mutual protection scheme. In principle, Takaful is very similar to
conventional mutual insurance in terms of its philosophy and
structure. However, it differs significantly from conventional
mutual insurance as all its operations should be based on Islamic
principles, including investment activities, the establishment of
the Shari’ah board and causes for legitimate claim, which exclude
causes such as suicide and death under the influence of alcohol.

Key principles of Takaful

• Relates to the idea of a mutual guarantee.
• Used in the context of mutual help and assistance.
• Similar to conventional mutual insurance, but differs in terms
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of investment portfolio and legitimate causes for claims.

• Claims restricted under Shari’ah principles.

Takharuj – exit from a partnership by selling the shares to

another party.
 Glossary of Islamic finance terms and contracts

Tanazul – is an act to waive certain rights of claim in favour

of another party in a contract. In Islamic finance, it is applied
where the right to share some portion of the profits is given
to another party.

For example, in a Mudarabah contract, the capital providers

may agree to limit the rate of return to a defined percentage
whereby the excess can be given to the manager as an incentive
or performance fee. The decision of the investors to waive their
right to the profit is based on the principle of Tanazul that is
specified as a condition of the contract to waive such a right.

Key principles of Tanazul

• Involves the waiving of rights in favour of someone else.
• Often seen where the capital providers agree to waive their
right to a portion of the profits in a venture in favour of, say,
a manager on the project.

Taskeek – securitisation

Tawarruq – buy spot and sell deferred payment or vice versa

to facilitate cash liquidity

Tawliyah – sale at cost price

Tijarah – private commercial transactions

U Ujr – fees paid in lieu of service to be provided by the service

provider (not the same as Ujrah, which is rent).
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Ummah – Islamic nation

Umum balwa – common plight and difficult to avoid

 Glossary of Islamic finance terms and contracts

‘Urf – customary practice

‘Urbun – is essentially a down payment made by a buyer to a

seller after both parties have entered into a valid contract. The
down payment represents the commitment to purchase the
goods. If the buyer is able or decides to pay the remaining
outstanding payment during a prescribed period, the amount
paid as down payment will be counted as part of the purchase
price. Otherwise, the down payment will be forfeited by the
seller. This is the original version of ‘Urbun in Islamic commercial
law. This feature is often used to mirror the behaviour of
conventional options by providing an opportunity to the buyer
(the person making the down payment) to benefit from the
market up-side (call option) of the underlying asset and by
limiting the potential loss to the amount paid under the
down-payment scheme.

Key principles of ‘Urbun

• Involves the payment of a down payment to secure an option
or right to purchase something in the future.
• Mimics the economic benefits of purchasing conventional options.
• If the option to complete the purchase is not taken up the down
payment is forfeited.

Usufruct – the right to use

Usul al-fiqh – Islamic legal theory providing principles and

guidelines on interpretation.
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W Wa’d – is a feature attached to a contract and is a unilateral

promise made by one party to another, binding on the party that
makes the promise. In financing transactions this feature provides
assurance that the transaction will be executed as per the
 Glossary of Islamic finance terms and contracts

specifications of the contract. For example, an importer who has

foreign exchange transaction exposure in terms of payment of
imports in foreign currency upon delivery of goods might hedge
the risk of appreciation of foreign currency by undertaking a
promise to buy the foreign currency in the future that matches the
real exposure to currency risk of import transaction upon delivery.

Key principles of Wa’d

• Involves a unilateral promise made by one party to another.
• Binds the promisor to fulfil some obligation in the future.
• Ensures that the contract is fulfilled as set out in the terms.

Wadhi’ah sale – sale of goods at a discounted price

Wadiah [Wadi’ah] – safe custody

Wadiah yad dhamanah – guaranteed safe-custody deposit

contracts

Wakalah – is a contract between an agent and principal. This

contract enables the agent to render services and be paid a fee
(Ujrah). For example, in a case where the importer applies for a
letter of credit based on Wakalah, the importer will authorise the
bank to issue the letter of credit on their behalf to the exporter’s
bank. The issuing bank will act as the agent to process the
issuance of the letter of credit and for this will impose a fee
on the importer for the services rendered.

Key principles of Wakalah

• Involves an agency contract between an agent and principal.
• Used as a facility to enable transactions to take place.
• The agent earns a fee (Ujrah) for his services.

Wakalah fi al-istithmar – A Wakalah investment

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 Glossary of Islamic finance terms and contracts

Wakil – agent

Waqf – permanent endowment

Wasiyyah – will contract

Z Zahiris – literalists i.e. those adhering to the literal meaning of

the Qur’an.

Zakat [Zakah] – is a form of religious levy on the surplus wealth

of Muslims. It is based on wealth that exceeds the specified
quantum for a defined period (where relevant) and is meant for
the poor and needy as well as other specified beneficiaries
mentioned in the Qur’an. It is the third pillar of Islam and is made
obligatory for Muslims who have the financial means to discharge
such obligations. Methods of Zakat calculation are prescribed to
facilitate determination of what constitutes Zakatable wealth as
well as the prescribed rate. In the case of investment or deposit
funds, there is no specific date set for the payment of Zakat, but it
should be paid on all accumulated wealth for the period 12 lunar
months. Zakat is not payable on the value of the individual’s
home, furniture, transport, nor is it paid on personal jewellery.

Key principles of Zakat

• Religious levy on the wealth of Muslims who possess above
a certain level of specific assets.
• Payable on all accumulated wealth held for the period of
12 lunar months.
• Not payable on specified items that are personal in character.
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