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    Course Outline-Isb 542

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    Anis Hayati
    This document outlines the scheme of work for a course on Introduction to Fiqh Muamalat (Islamic Business Transactions) taught at the University of Technology MARA. The course is a core 4-credit course taught over 14 weeks. It will introduce students to the fundamental concepts of Islamic law related to business transactions, including concepts of property and ownership in Islam, different types of contracts, and prohibitions against riba, gharar and maysir. Students will be assessed through assignments, presentations, tests and a final examination.

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    Course Outline-Isb 542

    Uploaded by

    Anis Hayati
    748 views5 pages
    This document outlines the scheme of work for a course on Introduction to Fiqh Muamalat (Islamic Business Transactions) taught at the University of Technology MARA. The course is a core 4-credit course taught over 14 weeks. It will introduce students to the fundamental concepts of Islamic law related to business transactions, including concepts of property and ownership in Islam, different types of contracts, and prohibitions against riba, gharar and maysir. Students will be assessed through assignments, presentations, tests and a final examination.

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    This document outlines the scheme of work for a course on Introduction to Fiqh Muamalat (Islamic Business Transactions) taught at the University of Technology MARA. The course is a core 4-credit course taught over 14 weeks. It will introduce students to the fundamental concepts of Islamic law related to business transactions, including concepts of property and ownership in Islam, different types of contracts, and prohibitions against riba, gharar and maysir. Students will be assessed through assignments, presentations, tests and a final examination.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    748 views5 pages

    Course Outline-Isb 542

    Uploaded by

    Anis Hayati
    This document outlines the scheme of work for a course on Introduction to Fiqh Muamalat (Islamic Business Transactions) taught at the University of Technology MARA. The course is a core 4-credit course taught over 14 weeks. It will introduce students to the fundamental concepts of Islamic law related to business transactions, including concepts of property and ownership in Islam, different types of contracts, and prohibitions against riba, gharar and maysir. Students will be assessed through assignments, presentations, tests and a final examination.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    UNIVERSITY OF TECHNOLOGY MARA (UITM)

    SCHEME OF WORK

    Kulliyyah Department Programme Course Title Course Code Course Status Contact Hours Credit Hours Instructional Strategies Assessment

    Business Management Finance Bachelor of Business Administration (Hons) Finance Introduction to Fiqh Muamalat (Islamic Business Transactions) ISB 542/ 540 Core 04 04 i. Lectures and Discussions ii. Tutorials consultation

    i. ii. iii. iv. Instructor Semester Course Synopsis

    Assignment Presentation Test 1 & 2 Final Examination

    : 10% : 10% : 30% : 50%

    Siti Mariam Ali 04 This course is basically provided for students to acquire knowledge about the concept of Fiqh Muamalat, Islamic law of property and Islamic contract. It analyses the scope of Fiqh Muamalat, property as well as the theory of contract in Islam.

    Course Objectives

    Upon completion of this course, students should be able: 1. Understand the fundamental concepts of Fiqh Muamalat, Islamic law of property and Islamic law of contract. 2. Understand the law of property dealing with ownership and disposal of property. 3. Formulate contracts and types of contracts according to the Islamic law.

    Weeks

    Content Outlines Topics Chapter 1: Introduction to Fiqh Muamalat a. Introduction to Fiqh Muamalat and Components of Fiqh The Meaning of Islam The Main Components of Islam (Aqidah & Akhlaq) Classification of Fiqh Islamic Law and Man-Made Law b. Shariah and Fiqh Definitions Differences c. Sources of Fiqh Primary Sources Secondary Sources d. Development of Fiqh / Islamic Commercial Law Historical Development of Islamic Commercial Law Operations and Reform of Islamic Commercial Law The Evolution of Fiqh 1st Stage : Foundation 2nd Stage : Establishment 3rd Stage : Building 4th Stage : The Flowering 5th Stage : Consolidation 6th Stage : Stagnation and Decline e. Major Fiqhi Schools The Four Madzahib Compilation of Fiqh

    Hr(s) 3

    2 Chapter 2: The Concept of Property (al-mal) in Islam a. Definition of Property b. Right (al- haqq) and benefit (al- manfaah) c. Classification of Property in Islam i. Tangible Property
    o Aqar (non-moveable) and Manqul (moveable) o Mutaqawwam (valuable) and Ghair Mutaqawwam (non-valuable) property o Mithli (homogenous) and Qimiy heterogenous property o Istimaali (useable) and Istihlaki (consumable) property

    ii.

    Intangible Property o Haq (Right) o Manfaah (Benefit) o Intellectual Property o Money o Dayn (debt)

    Chapter 3: The Concept of Ownership in Islam a. Definition of Ownership Definition Concept of Ownership b. Classification of Ownership Milk al- Tam (complete ownership) Definition, Characteristics, Method of Acquisitions Milk al-Naqis Definition, Characteristics, Method of Acquisitions c. Milk al- manfaah (haq al- intifa) Definition Types of Haq al- intifaq Haq al-Syakhsi Haq al- irtifaq (Haq Syurb, Haq al-Majra, Haq al-Masil, Haq al-Murur & Haq al-Jiwar)

    Chapter 4: The Concept of Contract and Agreement in Islam a. Definition of Contract, Agreement and Legal Evidences Definition of Contract Legal Evidences b. Formation of Contract and Agreement Pillars and Condition Contracting Parties and Its Conditions Subject Matter and Its Conditions Offer and Acceptance (sighah) and Its Conditions Legal Capacity (ahliyyah) Stages of Legal Capacity

    Chapter 5: Classification of Contracts a. Classification According to the nature of the contract: Unilateral Bilateral Quasi

    According to legal consequences: Valid (sahih) Voidable (fasid) Void (bathil) Binding (laazim) 4

    b. Impediments towards a Valid Contract Impediments Regarding Contracting Parties Impediments Regarding Subject Matters Impediments Regarding Sighah c. Unlawful Agreement Unlawful for its own sake (haram li aynih) Unlawful due to external reason (haram li ghairih) Contract Invalidity (ibtal wa fasakh)

    Chapter 6: Contract of Sale (al-bay) a. Definition of Sale and Legal Evidences b. Pillars and Conditions of Contracts of Sale c. Islamic Rights of Khiyar Khiyar Majlis (Option During Meeting) Khiyar Syart (Option of Condition) Khiyar Ruyah (Inspection Option) Khiyar Ayb (Option of Defect)

    References

    Chapter 7: Riba, Gharar and Maysir a. Definition and Concept of Riba, Gharar and Maysir 5 b. Categories of Riba Riba al-Fadl Riba al-Nasiah Riba al-Qard Riba al-Jahiliyyah c. Examples of Riba, Gharar and Maysir in Banking and Finance TOTAL HOURS 56 Required 1. Wahbah Zuhaili (DR), Al-Fiqh Al-Islami Wa Adilllatuhu, Vol. 4, Damshik: Dar Al Fikr, 1987. 2. Mahmoud El-Gamal, Financial Transactions in Islamic Jurisprudence, Vol. 1 & 2, Damascus, 2000. 3. Rayner, S.E., The Theory of Contracts in Islamic Law, London: Graham & Trotman, 1991. Recommended 1. Nawawi Razali, Islamic Law on Commercial Transactions,

    Kuala Lumpur: CT Publications Sdn. Bhd, 1999. 2. Ala Eddin Kharofa, Transaction in Islamic Law, Kuala Lumpur: A.S. Nordeen, 1997. 3. Subhi Mahmasani, Transactions in the Shariah in Majid Khadduri and H.J. Liebesny, (ed.) Law in the Middle East, Vol. 1, Washington, D.C. : The Middle East Institute, 1955. 4. Abd. Halim Al-Muhammady, Prof. (2001). Undang-undang Muamalat dan Aplikasinya Kepada Produk Perbankan Islam. Kuala Lumpur: DBP. 5. Abdurrahman Raden Aji Haqqi (1999). The Philosophy of Islamic Law of Transactions: Univisions Press. 6. Abdul Rahman I. Doi. (1984). The Islamic Law. London: TA HA Publishers. 7. Ahmad Ibrahim, Prof., et.al. Al-Ahkam, Undang-undang Harta Dalam Islam. DBP 8. Engku Rabiah Adawiyah Engku Ali, asst. Prof. Dr. (2001). Islamic Banking Tools: The Syariah Principles: CERT. 9. Faizah Ismail. (1995). Asas-asas Muamalat dalam Islam. Kuala Lumpur: DBP 10. Mahmud Muhammad Ready, Dr. (1984). Pengurusan dan Penyelewengan Harta Dalam Islam. (trans.) H. Abdul Hadi M.A. Kuala Lumpur: Denie Publisher. 11. Mansor Mahsin (1995). Konsep Shariah Dalam Bank Islam. KL: BIMB. 12. Mohd. Masum Billah, Prof. (2003). Modern Islamic Transactions under Shariah. Petaling Jaya, Selangor: Ilmiah Publisher.

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