IBSL Diploma in Islamic Banking Exam study materials
IBSL Diploma in Islamic Banking Exam study resources

IBSL Diploma in Islamic Banking Exam: Sharia Framework for Islamic Banking

IBSL Diploma in Islamic Banking Exam · Work through your exam, one topic at a time.

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Sharia Framework for Islamic Banking

This domain tests your command of the sources and secondary tools of usul al-fiqh, and your ability to test a contract against the conditions of Islamic commercial law.

Sources

  • Quran - the primary text; roughly 500 verses carry legal content.
  • Sunnah - the Prophet's words, acts and approvals; a decisive (qat'i) hadith outranks a speculative one.
  • Ijma - consensus of qualified jurists of a generation.
  • Qiyas - analogy, extending a ruling to a new case sharing the same effective cause ('illah).

Secondary: istihsan (juristic preference), maslaha mursala (public interest), 'urf (custom), istishab, sadd al-dhara'i (blocking lawful means to unlawful ends), darura (necessity).

Conditions of validity

  • Lawful object and purpose (halal).
  • Free consent; no duress.
  • Certainty of price and subject matter.
  • Ownership and possession before sale - the hadith "do not sell what you do not own" (Tirmidhi).
  • No riba, gharar or maysir.
  • Profit follows liability (al-kharaj bil-daman).
  • No two contracts in one, and no loan tied to a sale.

Worked example

A bank wants a loyalty bonus for early repayment. The 'illah test: the bonus is an increase linked to the debt, so it is riba, even if voluntary and called a discount. A permissible alternative is a documented charitable penalty (gharamah) on late payers, paid to charity and never to the bank's income, with SSB approval.

Traps

Qiyas is analogy and one of the four roots; istihsan is a secondary principle of preference. A fatwa is an opinion, not legislation. 'Urf may shape contract interpretation but never overrides a clear text.