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Abstract
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Table of Contents
Introduction................................................................................................................... 4
Maslahah ..................................................................................................................................6
Characteristics of Maqasid al-Shariah ............................................................................. 7
What is Sukuk........................................................................................................................ 17
References ............................................................................................................................ 25
Introduction
Islamic Finance is finance following the Islamic law (or Shari‟ah) principles.
The basic sources of Shari‟ah are the Qur‟an and the Sunna, which are followed by the
consensus of the jurists and interpreters of Islamic law. The central feature of the Islamic
finance system is the prohibition in the Qur‟an of the payment and receipt of interest (or
riba‟). The strong disapproval of interest by Islam and the vital role of interest in modern
commercial banking systems led Muslim thinkers to explore ways and means by which
commercial banking could be organised on an interest-free basis.
The Islamic Finance industry has grown tremendously from its inception in 1975. The
Islamic finance industry is reported to be valued at over $1 trillion, with an estimated
annual growth rate of 10 percent . The industry is continuing to grow and some market
analysts project it will be valued at anywhere from $3 to $5 trillion by 2016.1
Since the Islamic Financial Institutions must ensure that all their transactions and
services must be Shariah compliant, it is vital that it follow the objectives of Shariah also
known as Maqasid al-Shariah. The principles advocated by the Shariah ensure that the
Islamic Finance transactions are just, transparent and prohibit involvement in illegal
activities that are detrimental to society.
This article will discuss the importance of Maqasid al-Shariah in structuring the
framework of Islamic Finance institutions (IFIs) to develop financial products and
services that are Shariah compliant.
Maqasid al-Shariah
Maqasid comes from an Arab plural word which is “maqsad”, the root word is “qasd”
which mean of intuition, aim or objective in an actions. Maqasid, The Arabic root word
of Shariah is the verb “shara‟a”. The literal meaning of “shara‟a” is to open upon a street,
like to open a door upon a street. In legal term “shara‟a” means to make or establish
1
Humayon Dar, Global Islamic Finance Report 2011, 34
4
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