Issues and Challenges

No industry can be completely immunised from issues and problems. These problems may either stem from internal faults which need to be improved over time or from external factors which require some reforms. For further details see: ISLAMIC CAPITAL MARKETS: Principles & Practices.

Ownership


Is It Permissible to Engage in a Sale Contract on Deferred Basis with a Client Who Directly Communicated with the Producer Abroad to Send Certain Goods?
Will Shipping the Goods on the Request of the Purchase Undertaker Be Considered as Only Taking Possession Without Ownership?
What Are the Rules of Taking Possession in Currency Trading with Regard to the General Practices of Banks?
The Shariah Advisory Council of Bank Negara Malaysia (the SAC) 156th Meeting
A Discrepancy is Found in Murabahah Goods That Were Sold before Possessing Them
Any Link between the Insurance Settlement for Damaged Goods and the Seller’s Settlement with the Purchase Undertaker?
RESOLUTION No. 76/7/8: PROBLEMS OF ISLAMIC BANKS
Resolution No. 112: The permissibility of transferring the title of the leased property to the lessee and perfecting a lien on the property
Resolution No. 120: Putting the name of the Corporation in newspaper ads along with the names of agencies selling cars by installments
Resolution No. 151: the Corporation appointing the purchaser as an agent to determine and receive what he will eventually buy
Resolution No. 152: The Trade Line Scheme that the Corporation wishes to use in dealing with its clients
Resolution No. 157: The Corporation selling ready-mixed concrete
Resolution No. 159: The Corporation selling gold, silver and currencies to its clients
Resolution No. 161: The permissibility of the seller of a commodity to Al Rajhi providing a guarantee of the party purchasing from Al Rajhi
Buying A Portion Of A Land Through Murabahah
Can a Contract Be Signed with a Purchase Undertaker before the Official Ownership Transfer Procedures Are Completed? (1)
Can Real Estate That Is Bought and Resold Be Registered Directly in the Final Buyer’s
The Bank Uses the Purchase Undertaker’s Import License to Purchase a Foreign Good
The End Buyer Wants to Pay the Original Seller a Sum to Settle a Price Dispute between the Original Seller and the Intermediate Buyer
The Purchase Undertaker Does Not Want the Intermediate Seller to Incur Added Expenses for Insurance against Certain Risks (2)
Transporting The Subject Matter Under The Name Of The End Customer
Using Murabahah to Finance Charitable Projects
دفع الزكاة عن أرباح أموال المساهمين أو الاحتياطيات
Deferred Installment Sale: Issue Of Selling Assets That Is Not In One’s Possession And Compensation For Refusal To Buy The Subject Matter
Insurance Premium
Murabahah Mudawwarah: Actual Or Constructive Possession
Resolution No. 50 (2/6): Rulings on Installment Sales
Cancelling A Murabahah Contract
Ensuring Proper Separation Of Contracts
Murabahah With Exporting And Importing Companies
Owning Goods Before Selling It
Revision Of Murabahah Price
What Is to Be Done if the Original Seller Does Not Deliver the Good to the End Buyer?
What Is to Be Done in Murabahah about Anomalies in Delivery of the Subject of the Sale?
Deferring the Ownership Transfer of Shares Sold
The Buyer Asks the Seller to Store the Purchased Goods in His Warehouse
Selling Land That the State Has Decided to Buy, after Valuation but before Sale
Selling Goods Recorded as Accounts Receivable before the Invoice is Settled
Purchase Option Such That the Seller Will Only Acquire Possession of the Good if the Buyer Exercises the Option
Can Real Estate That Is Bought and Resold Be Registered Directly in the Final Buyer’s Name?
Signing a Contract to Sell Something to the Government before Owning the Product
Is It Allowed to Take Security for a Debt before the Debt is Incurred?
Is Storage in Public Warehouses with Certificates Detailing the Specifications of the Commodities Considered Possession that Allows Resale?
Signing a Contract to Sell Something to the Government before Owning the Product
Can a Contract Be Signed with a Purchase Undertaker before the Official Ownership Transfer Procedures Are Completed
Can a Building Be Sold without Selling the Land It Sits On?
Who Bears the Liability for the Goods in a Murabahah Sale at Various Stages of the Process?
If the Bank Buys Goods from a Dealer, Can It Make the Dealer Its Agent to Sell The Goods to Others?
Can the Bank Take a Non-Refundable Deposit from a Buyer before the Actual Sale?
Can a Buyer of Insurance Sell the Policy to a Third Party?
Can a Deposit Be Taken before the Sale if It Is Counted as Part of the Final Price?
Must the Owner’s Agent Reveal the Owner’s Name to the Lessee in a Lease Agreement?
Can an Equipment Owner Assign an Agent to Manage the Equipment Leasing to Other Parties for an Agreed Agency Fee?
Is It Allowed To Lease to the Seller through a Separate Contract from the Sale Contract?
Who Is Liable for Damages Caused to Material and Previous Workmanship in a Construction Contract?
Can the Bank (as the Contractor) Avoid Liability for Defects in a Parallel Construction Contract?
Is It Allowed to Sell the Item Made through an Istisna‘ Contract before Its Completion?
Is It Allowed to Appoint the Seller as an Agent to Safeguard the Purchased Commodity and Deliver It to Third Parties?
Is It Allowed to Appoint the Supplier as an Agent to Collect Earnest Money from the Client in a Murabahah Transaction?
Is It Allowed to Buy Spot from One Subsidiary of a Holding Company and Sell Deferred to another Subsidiary of the Same Holding Company?
Can a Parent Nominally Transfer a Piece of His Property to One of His Heirs to Facilitate Financing?
Is It Allowed to Buy the Shares of Companies That Deal in Interest in Order to Change Them?

Qabd


Dollars Are Purchased at Different Prices on the Same Day; Which Price Should the Customers Be Charged?
Resolution No: 13 (1/3)[1]: Concerning The Islamic Development Bank’s inquiries
A Shari‘ah-Compliant Alternative to an Option Contract
Buying Gold That Has Been Deposited with the Buyer
Can a Customer Islamically Transfer a Traveler’s Check to Another Person in the Same Currency?
What Is the Rule on Purchasing Gold Jewelry Set with Gems on a Deferred Basis?
Is It Permissible to Give a Discount to the Client on the Whole Quantity from the Beginning of the Signing of Contracts When the Commodity and the Payment for It Are Delivered in Stages?
Is It Permissible to Buy Goods Which Are on a Ship at Sea by the Testimony of the Carrier and Then to Sell These Goods by Making the Carrier an Agent?
What Is The Shariah Ruling on a Sale Contract When the Price Is Collected Before the Goods Reach the Country?
Will Shipping the Goods on the Request of the Purchase Undertaker Be Considered as Only Taking Possession Without Ownership?
Is It Permissible to Deliver the Goods Which Have Arrived Before Their Documents to the Client in a Murabahah Agreement?
What Are the Rules of Taking Possession in Currency Trading with Regard to the General Practices of Banks?
What Are the Rules Regarding Conditions Governing Murabahah Contract?
Is It Allowed to Buy Agricultural Products or Any Minerals Other Than Gold or Silver Which Is in the Actual Possession of the Seller?
A Discrepancy is Found in Murabahah Goods That Were Sold before Possessing Them
Resolution No. 65: Repurchasing checks issued by the Corporation to correspondent banks overseas
Resolution No. 120: Putting the name of the Corporation in newspaper ads along with the names of agencies selling cars by installments
Resolution No. 152: The Trade Line Scheme that the Corporation wishes to use in dealing with its clients
Resolution No. 157: The Corporation selling ready-mixed concrete
Resolution No. 159: The Corporation selling gold, silver and currencies to its clients
Resolution No. 161: The permissibility of the seller of a commodity to Al Rajhi providing a guarantee of the party purchasing from Al Rajhi
Selling Goods Based On Its Specifications
The Customer Colludes with the Bank’s Agent to Get Financing by a False Sale
Deferred Installment Sale: Issue Of Selling Assets That Is Not In One’s Possession And Compensation For Refusal To Buy The Subject Matter
Murabahah Mudawwarah: Actual Or Constructive Possession
Hibah In The Takaful Industry
Murabahah Structure
Murabahah+Agency
Owning Goods Before Selling It
What Is to Be Done if the Original Seller Does Not Deliver the Good to the End Buyer?
What Is to Be Done in Murabahah about Anomalies in Delivery of the Subject of the Sale?
When the Goods Arrive before Their Shipping Documents
A Commodity Purchase Option
Appointing the Original Seller as an Agent, and Making Him a Guarantor for the Price
The Buyer Asks the Seller to Store the Purchased Goods in His Warehouse
Selling The Subject Matter Of Salam Before Its Possession
Selling Gold Jewelry Set with Gems by Deferred Payment
What Constitutes Possession (Qabd)?
Is Storage in Public Warehouses with Certificates Detailing the Specifications of the Commodities Considered Possession that Allows Resale?
A Discrepancy is found in Murabahah Goods That Were Sold before Possessing Them
Is It Allowed to Take Security for a Debt before the Debt is Incurred?
Is Storage in Public Warehouses with Certificates Detailing the Specifications of the Commodities Considered Possession that Allows Resale?
Can a Contract Be Signed with a Purchase Undertaker before the Official Ownership Transfer Procedures Are Completed
What Constitutes Possession of Equipment When the Contract Requires Its Installation in the Buyer’s Building?
Can Delivery Be Deferred of Both the Sold Good and the Price in a Sale?
Can the Buyer Reserve the Right to Annul a Delayed-Delivery Sale Six Months after the Purchase?
Who Bears the Liability for the Goods in a Murabahah Sale at Various Stages of the Process?
If the Bank Buys Goods from a Dealer, Can It Make the Dealer Its Agent to Sell The Goods to Others?
Can the Buyer/Reseller Store the Purchased Goods in the Primary Seller’s Warehouse before the Second Sale?
Can the Bank Appoint an Employee of a Supplier as the Bank’s Agent to Receive and Deliver Goods?
Is Full Payment Required Up-Front if Delivery of the Purchased Goods Is Delayed?
Is It Allowed to Appoint the Seller as an Agent to Safeguard the Purchased Commodity and Deliver It to Third Parties?
What Is the Ruling on Buying Currencies?

Speculation


Day Trading


Margin Trading


Short Selling


Market Liquidity


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