Towards Saving and Investing in a Halal Manner: A Few Steps

Sunday, 19 September 2010 12:25 by drjou
Al-hamdu lillah wa s-salatu wa s-salam 'ala sayyidina Muhammad wa 'ala alihi wa man walahu


Question: I want to invest and save money in a shari'a compliant way, but I really don't know where to start. Can you point me in the correct direction?


Introduction

My field is the shari'a compliance (permissibility, shari'a-wise) of financial products, services and transactions. I am not a financial advisor and so will not advise you on which products are best for your financial profile. Financial advisers and planners with expertise in shari'a compliant (halal) wealth management are few. Where I mention a specific product it is by way of example, not endorsement.


Steps

Step 1- Remove your savings from non-shari'a compliant (haram) financial institutions such as banks and credit unions.

Step 2- Remove your invested funds from non-shari'a compliant financial investment vehicles such as money market accounts, conventional mutual funds and bonds.

Step 3- Divert any accrued interest from the vehicles referred to in steps 1 and 2 to general charitable channels (such as the maintenance of orphans).

Step 4- If you wish to deposit your savings with a bank (or another bank-like entity that offers deposit services), then do so with a shari'a compliant (halal) institution that confroms to accepted standards, the most important of which is that the institution has an independent shari'a review panel composed of 3+ members, at least two of which are fuqaha' known for their expertise in the field.

Step 5- If you wish to invest, then do so in a shari'a compliant (halal) investment vehicle that confroms to accepted standards, the most important of which is that the vehicle has an independent shari'a review panel composed of 3+ members, at least two of which are fuqaha' known for their expertise in the field.

Success is with Allah.

Wa s salam,
The Needy Slave of Allah

Taha Abdul-Basser

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Straightway Associate on Environmental Consciousness

Thursday, 9 September 2010 17:48 by drjou
The National has an interesting piece on theological and ethical perspective on the environment. Straightway's Associate, Sh Musa Furber, is quoted as well.

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Question: Offsetting the Effects of Inflation

Thursday, 19 August 2010 11:25 by drjou

Question: Is it permissible to accept credit above the initial loan amount to offset the effects of inflation? If so, then which inflationary index should be used? If not, then how do you suggest one recoup the losses due to the time value of money?

Answer: I understand the question to be the following: "Is it permissible to lend money and stipulate (i.e. require contractually) repayment in excess of the principal (i.e. the original amount of money that was lent), in order to offset the potential loss of purchasing power associated with inflation?" The answer is "no, it is not permissible to do so." Such a stipulated increase over principal and the transaction itself are known as riba (usury). The indicants for its impermissibility are Qur'an, Sunna and consensus (ijma`).

Note: If your debtor were to do so unilaterally--i.e. with a) no collusion between you and him and b) no compliance on his part with expectations based on impermissible cultural norms that dictate one must pay you back more money than he is lent--this would be permissible, and even a sunnah since the Messenger did this when repaying a debt. This practice is called "superior settlement [of debts]" (ahsan qada').

Note: If there is doubt on your part about whether the party is acting on a) or b) above, it is better that you not take the additional amount.

Advice: One technique that some investors use to attempt to hedge against some risks associated with inflation is the following: the lender executes a parallel transaction (e.g. a halal transaction that appears likely to yield profit) so that he can use of the profit from the second transaction in order to hedge against  potential losses associated with inflation. This of course requires putting (more) money at risk.

And Allah knows best.

Wa s-salam

The hopeful slave of Allah
Taha Abdul-Basser

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UFANA Islamic Finance Conference on March 30-31, 2010 (VIDEO)

Wednesday, 28 July 2010 07:41 by drjou
Below is part 1-4 of the Sharia`ah Scholars Roundtable discussion on the AAOIFI standards and other topics of note. Sh Taha Abdul-Basser introduces the panel, which was held at the UFANA Islamic Finance Conference on March 30-31, 2010. Speakers in the series (1-4) are Sh Taha Abdul-Basser, Shaykh Nizam Muhammad Salih Yaquby, Mufti Barakatulla (England), and Sh Dr Aznan Hasan (Malaysia).









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Khaleej Times: B-Schools Banking on Islamic Principles

Wednesday, 2 June 2010 06:25 by drjou
 

The Khaleej Times Online reports on the marked increase in interest in Islamic Finance at business schools around the world. More and more business schools are offering training in Islamic Finance in preparing their students for the global growth of shari`a banking and finance.

"A graduate of Cass Business School’s Executive MBA in Dubai Rehan Pathan believes many practioneers in Islamic finance come from a conventional background and need to broaden their perspectives. “You have to adopt new reference points and attempt to develop services that are acceptable according to Islamic law.”

‘‘The increasing presence of local Islamic banks and international banks with Islamic wings have opened up a niche that B-schools must cater to,’’ he says."

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Repost of College Newspaper's Article on Sh. Taha's Lecture: “Islamic Finance: Islamic Solution to Global Financial Crisis"

Wednesday, 26 May 2010 07:35 by drjou

The CIBAFI has reposted the Wesleyan Argus article on Sh. Taha Abdul-Basser's Dec 2009 lecture at Weslyan University. In light of the current events, it seemed appropriate to post their repost.

In his lecture on Feb 16, 2009, Taha Abdul-Basser, chaplain of the Harvard Islamic Society and doctoral candidate in religion at Harvard, proposed a solution to the current economic crisis that is not often considered: follow Islamic law, known as Shariah.

The lecture, entitled “Islamic Finance: Islamic Solution to Global Financial Crisis,” was part of a series of events scheduled for “Islam in Conversation Week,” organized by the Muslim Students’ Association (MSA) and the chaplain’s office. The theme is “Living Shariah in the Contemporary World.”

“We want to show that Islam is not limited to spirituality or one’s relationship with God—even though that is an extremely important concept—but also, how our relationship with humanity is,” said Sister Marwa Aly, the Univerity’s Muslim Chaplain. “Islam is a way of life, so it has a stance on the environment, on economics, on politics, on social justice and even on entertainment.”

Shariah is a frequently used term, but is often employed without a full understanding of its meaning. Students in the MSA hope that the talks given throughout the week will encourage dialogue and help people more fully understand Shariah.

"Hopefully, organizing a lot of talks about Shariah will help people better understand what it means,” said MSA member Jourdan Hussein ’11.

Islamic finance is based on Shariah, which includes writings from the Qur’an and from Muhammad, and the scholarly teachings that inform Islamic law. Its underlying precept is the illegality of any usury—transactions that demand interest from a person receiving a loan.

It also states that all financial transactions must be done with caution, and prohibits directing the flow of money itself when no tangible assets are involved. Thus, under an Islamic system, the complicated packaging of mortgages partly responsible for the current financial crisis would never have occurred “The speaker was really informative and had a great background with which he supported many of his ideas of how Islamic financial policies and ideas could be beneficial to the falling economy today,” said Raghu Appasani ’12. “I am glad I [attended] because I did not even know that there was a whole separate Islamic financial sector that was so successful.”

Islamic banks use mechanisms that do not charge interest, which include “lease to own” agreements and diminishing equity balances, in which two partners would take out a mortgage with one eventually buying out the other. These financial systems exist in the Muslim world, such as Saudi Arabia and Malaysia, but also increasingly in the West, most notably in Great Britain.

Although Abdul-Basser conceded that the Islamic system is comparably smaller, these Islamic institutions have better withstood the financial crisis because they never undertook the risky mortgages and then resold them.

Abdul-Basser said that many financial systems in the world need structural changes, instead of continuing the practices that led to the crisis.

The reforms Abdul-Basser mentioned in his lecture had all been suggested by secular economists—Islamic reforms need not be necessarily religious. He cited Joseph Stiglitz, a Nobel Prize-winning economist at Columbia University, and Nouriel Roubini, a professor at New York University who predicted many aspects of the financial crisis.

His suggestions, based on Stiglitz’ work, included creating incentives for executives that reward thinking beyond short-term gains to form financial product safety and financial system stability commissions to oversee financial companies and prevent excessively risky loans, along with other regulations to limit excessive borrowing. Abdul-Basser also suggested briefly nationalizing banks in order to reform their practices, before returning to privatization.

“I thought that if what the lecturer discussed could be somewhat secularized, it seems as though it could absolutely work.” said Phil Ross ’12, who attended the lecture. “The lecturer really got his opinion across that restructuring our system to encompass certain facets of Shariah-compliant banks would go a long way towards stopping the bleeding that was caused by excessive lending.”

 

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2010 NASABA Convention and Islamic Finance

Wednesday, 26 May 2010 05:24 by drjou

 

Sh. Taha will be speaking at this year's NASABA Convention in Boston on the topic of "Doing Business in the GCC and MENA Regions" inshaAllah. You can find more details, including schedule, here.

 

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Question: Is leasing a car permissible?

Sunday, 16 May 2010 06:57 by drjou

Shaykh Taha recently answered a question about car leases on SeekersGuidance.com.

Question: Is leasing a car permissible? What about stipulations within the lease contract? 

Answer:

Wa ‘alaykum as salam,

Leasing vehicles (in the US) is in essence permissible (halal) as such contracts are contracts for the transfer of the use (usufruct, manfa’a) of the vehicle, from the owner-lessor to the lessee for the duration of the lease term, in consideration of rental payments.

Because leasing agreements may differ from make to make and–as the questioner indicated–many leasing agreements have stipulations that are void, those considering entering into them should have their contracts reviewed by a faqih prior to execution.

Such stipulations in general may be considered to have been voided (mulgha) and may be separated from the lease, which is still valid. This is the preponderant position (qawl rajih) according to the Hanabila as Imam al-Hijjawi states in Zad al-Mustaqni’.

Benefit (fa’ida): The lessor’s use of terms and techniques from the world of interest-bearing lending in order to set rental payment amounts does not invalidate the lease or make it impermissible to enter into the lease.

Wa s-salam
Taha Abdul-Basser

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Introductory Islamic Financial Ethics: An Intensive on the Basic Fiqh of Financial Transactions

Sunday, 7 February 2010 09:07 by drjou

 

Introductory Islamic Financial Ethics (Fiqh al-Mua`amalat)
An Intensive on the Basic Fiqh of Financial Transactions
Speakers:
Shaykh Suheil Laher,
Mufti Ikram ul Haq,
Imam Khalid Nasr &
Shaykh Taha Abdul-Basser
 
Saturday February 13th 2010 from 10 am – 4pm

Venue: Point Webster Middle School 60 Lancaster St, Quincy, MA 02169
Registration FREE (need to RSVP) {finance_seminar@icne.net}

 

Schedule:


10:00-10:15
Registration & Refreshments

10:20-11:05
Session I: Financial Transactions: A Survey of the Qur'anic and Prophetic Indicants (Adillah)
Imam Khalid Nasr

11:05-11:30
Session I Q&A
Imam Khalid Nasr

11: 30-12:15
Session II: Usury (Ribā) and Other Prohibited Transactions: Definitions & Contemporary Manifestations
Shaykh Suheil Laher

12:15-12:25
Session II Q&A
Shaykh Suheil Laher

12:30-12:45
Salāt al-Zuhr

12:45-1:15
Lunch

1:15-2:00
Session III: Personal Finance
Shaykh Taha Abdul-Basser

2:00-2:15
Session III Q&A
Shaykh Taha Abdul-Basser

2:15-3:00
Session IV: Business Finance
Mufti Ikram ul-Haq

3:00-3:15
Session IV Q&A
Mufti Ikram ul-Haq

3:20-3:30
Salāt al-Asr

3:30-4:00
General Q&A
Imam Khalid Nasr, Shaykh Suheil Laher, Mufti Ikram ul-Haq & Shaykh Taha Abdul-Basser

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Registration Extension!

Thursday, 2 July 2009 15:30 by drjou

 

We are extending the enrollment period for our Summer Session courses until July 14. 

If you would like to enroll in a course, please see here.

Please note that we offer financial aid as well as group rates for all our courses. For details, see our Courses area.

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