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Introduction To Takaful

Introduction To Takaful. Azman Ismail azmanwong@gmail.com www.iifin.net. Idea to Set Up Takaful. ABIM et al. Tahir Jalaluddin KMM, API. Ikhwan Muslimun Jamaat Islami Masyumi. Hassan Al-Banna Don Fodio, Sanusi, Mahdi & Umar Mukhtar. Rashid Ridha. Muhammad Abduh. Jamaluddin Afghani.

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Introduction To Takaful

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  1. Introduction To Takaful Azman Ismail azmanwong@gmail.com www.iifin.net

  2. Idea to Set Up Takaful ABIM et al Tahir Jalaluddin KMM, API Ikhwan Muslimun Jamaat Islami Masyumi Hassan Al-Banna Don Fodio, Sanusi, Mahdi & Umar Mukhtar Rashid Ridha Muhammad Abduh Jamaluddin Afghani 1930 1970 1980

  3. The Islamic Dimension ISLAM AQIDAH (FAITH) SHARIAH (ACTIVITIES) AKHLAQ (MORALS) IBADAT (MAN-GOD) MUAMALAT (MAN-MAN)

  4. Continue… MUAMALAT (MAN-TO-MAN ACTIVITIES) FAMILY COMMERCIAL CRIMINAL SOCIO- POLITICAL INTER- NATIONAL BANKING INSURANCE CAPITAL MARKET

  5. The Basis QURAN PROPHETIC TRADITIONS ISLAM MORALS ACTIVITIES FAITH

  6. Differences Btw Fiqh & Shari’ah Fiqh The meaning of the word fiqh is understanding, comprehension, knowledge, and jurisprudence in Islam. A jurist is called a Faqih who is an expert in matters of Islamic legal matters. Shari’ah The root of this word is Shara'a; and some other names of it are Shar', Shir'ah and Tashri'. The Shari'ah is the revealed and the canonical laws of the religion of Islam.

  7. Sources Of Shariah Primary Sources: Al-Quran As-Sunnah Al-Ijmac Al-Qias AZMAN ISMAIL

  8. Al-Quran Word Of God sent down to Prophet Muhammad in the Arabic language as His argumentation. AZMAN ISMAIL

  9. Basis For Al-Quran Challenge to the Arabs who are connoisseurs of language and rhetoric First, 1 Quran Second, 10 chapters Third, one chapter AZMAN ISMAIL

  10. As-Sunnah Word, action and agreement of the Prophet Muhammad AZMAN ISMAIL

  11. Basis For As-Sunnah Whoever obeys the Messenger, obeys God An-Nisa : 80 AZMAN ISMAIL

  12. Classification Of Sunnah/Hadith AZMAN ISMAIL

  13. Sunnah Mutawatir Everything from the Prophet that is narrated by a large number of companions which according to logic, it is impossible for all of them to lie. Similarly to the subsequent chain of narrators. AZMAN ISMAIL

  14. Example of Mutawatir Hadith Whoever lies about me on purpose, he is booking a ticket in hell AZMAN ISMAIL

  15. Sunnah Ahad Sahih Hasan Dhaif AZMAN ISMAIL

  16. Books of Sunnah/Hadith Muwatta’ Imam Malik Musnad Imam Ahmad Sahih Bukhari Sahih Muslim Sunan Tarmizi Sunan Ibnu Majah Sunan Abu Daud Sunan Baihaqi AZMAN ISMAIL

  17. Al Ijmac Consensus of opinion among Muslim mujtahids regarding a certain matter after the Prophet’s death AZMAN ISMAIL

  18. Basis For Al Ijmac Obey Allah and obey the Prophet and the “ulil amri” among you An-Nisa : 59 AZMAN ISMAIL

  19. Al Qiyas (Analogy) Equating the legal position of a matter that has no ruling with one that has due to the same cillat pork lard AZMAN ISMAIL

  20. PILLARS OF ANALOGY

  21. Basis of Analogy Prophet’s conversation with Muadz AZMAN ISMAIL

  22. Other Sources (Secondary) Istihsan Maslahah al-Marsalih ‘Uruf Istishab Shariah Before Us Mazhab Sahabat

  23. Istihsan Leaving the manifested qiyas for the hidden qiyas Eating during fasting due to forgetfulness Bai’ al-istisna’ Payment for entering toilet Waqaf books etc

  24. Maslahah al-Marsalih Benefits that are not determined by the Shariah Collecting and writing of the Quran Marriage certificate Divorce pronouncement in front of the Judge

  25. ‘Uruf Customary practice Rent 2 + 1 Eat first Two types of ‘urf ‘Uruf sahih ‘Uruf fasid

  26. Istishab Determing a rule based on prior condition until there is evidence. Case - Badri, Salmah & Jalal Debt

  27. Shariah before us Fasting during Ramadhan (2:183) Eye for an eye. (5:49)

  28. Mazhab Sahabat Decision of Abu Bakar Grandmothers share 1/6

  29. Any Questions? azmanwong@gmail.com

  30. Ijtihad To strive with all mental faculties in obtaining a ruling from the Al-Quran dan As-Sunnah Note: Ijtihad is only valid for matters that are not clearly indicated by the Quran and the Sunnah AZMAN ISMAIL

  31. Taqlid To follow the opinion of a mujtahid without knowing the sources and how it is derived. AZMAN ISMAIL

  32. Talfiq Taking an opinion from one mujtahid and then taking the opinion of another mujtahid. AZMAN ISMAIL

  33. Talfiq that is allowed Taking the most liberal opinion among the mujtahids in different categories. AZMAN ISMAIL

  34. Taking the most liberal opinion among the mujtahids (mazhab) in one category. Talfiq that is not allowed AZMAN ISMAIL

  35. Understanding jurisprudential differences • Natural Differences • Linguistic Causes • Differences over sunnah (traditions) • Differences over Juristic Methods • Acceptable and Unacceptable Differences

  36. Ethics of disagreement • Concentrate on major issues • Refer back to the Quran & Sunnah • Adhered steadfastly to the Islamic norms of behavior during argumentation • Be objective

  37. Major schools of jurisprudence SOURCES ZAHIRI HANAFI HANBALI MALIKI SHAFI’E ZAIDI JA’FARI ISMAILI IBADI MOST MALAYSIANS BELONG TO THIS SCHOOL

  38. Talfiq Taking an opinion from one mujtahid and then taking the opinion of another mujtahid. HANAFI HANBALI MALIKI SHAFI’E AZMAN ISMAIL

  39. Talfiq that is allowed Taking the most liberal opinion among the mujtahids in different categories. Ablution HANAFI HANBALI MALIKI SHAFI’E AZMAN ISMAIL

  40. Talfiq that is not allowed Taking the most liberal opinion among the mujtahids (mazhab) in one category. Ablution Performance Nullification HANAFI HANBALI MALIKI SHAFI’E AZMAN ISMAIL

  41. Takaful “Fiqh” SHAFI’E CONTEMPORARY JA’FARI OIC FIQH AC. ZAHIRI HANAFI IFSB AAOIFI HANBALI MALIKI TA 1984 & guidelines

  42. Fatwas & Standards • OIC Fiqh Academy • National Fatwas • Shariah Committee Decisions • IFSB, IIFM, AAOIFI

  43. Any Questions? azmanwong@gmail.com

  44. 5 Fundamental Legal Maxims • Applies to the entire range of fiqh • “Harm must be eliminated” (Ad-dararu yuzal) • “Acts are judged by the intention behind them” (Al-umuru bi-maqasidiha) • “Certainty is not overruled by doubt” (Al-yaqinu la yazulu bish-shakk). • “Hardship brings ease” (Al-mashaqqatu tujlab at-taysir). • “Custom is the basis of judgement” (Al-‘addatu muhakkamatun)

  45. Other Legal Laxims • Principle of permissibility • Principle of gradualism • Whatever leads to haram, is haram in itself • Lesser of two evils • If you cannot do all, do not leave all

  46. Principle of permissibility • The first principle is that the things which Allah has created and the benefits derived from them are essentially for man's use, and hence are permissible. Nothing is haram except what is prohibited by a sound and explicit nas (Nas denotes either a verse of the Qur'an or a clear, authentic, and explicit sunnah (practice or saying) of Prophet Muhammad.

  47. Basis of the Principle • What Allah has made lawful in His Book is halal and what He has forbidden is haram, and that concerning which He is silent is allowed as His favor. So accept from Allah His favor, for Allah is not forgetful of anything. He then recited, "And thy Lord is not forgetful." (19:64) (This hadith was reported by al-Hakim, classified as sahih. • “: ...He (Allah) has explained to you what He has made haram for you.... “(6:119) – not for worship; "Any innovation in our matter (worship) which is not a part of it must be rejected.'' (This hadith is classified as muttafaq'alayh • Said Bin Jabir

  48. Principle of gradualism “They question thee about intoxicants and games of chance. Say : In both is great sin and some utility for men, but the sin of them is greater than their utility.” “O ye who believe! Draw not near unto prayer when ye are drunken, till ye know that which ye utter.” “O ye who believe! Intoxicants and gems of chance and sacrificing to stones set up and divining by arrows are only uncleanness, the devil’s work! So shun it that you may succeed.”

  49. CLASIFICATIONS OF CONTRACTS Contract of exchange – the purpose is transfer of ownership or right to use Contract of investment – the purpose is to share in profit and loss Contract of security – the purpose is to secure the interest for whom the contract is made

  50. Cont… Contract of agency – the purpose is to authorize someone to work on behalf of the principal either for fee or no fee Contract of commission – the purpose is to reward someone based on his performance Contract of safe custody – the purpose is to deposit an item under the custody of custodian Contract of gratuity – the purpose is to give away something to the recipient for no price/consideration

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