OTHER RELATED MAXIMS ARISE FROM AL –UMUR BI MAQASIDIHA
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1) Ali opened an Islamic saving account with Bank Islam without stating his intent (niat) because the bank already offers Shariah-compliant saving accounts. 2) When applying for financial contracts like saving accounts, it is important to clearly specify choices like whether funds will be pooled or not to avoid confusion. 3) Minor mistakes in details like applying for a guarantee from one bank instead of another or opening an account in a different location than intended do not invalidate contracts if the overall intent is clear.
OTHER RELATED MAXIMS ARISE FROM AL –UMUR BI MAQASIDIHA
- 1. 1 1.0 OTHER RELATED MAXIM ARISE FROM AL –UMUR BI MAQASIDIHA 1.1 “A’damul ishtirat al niat fi ‘ibadat la takunu ‘adatan au laa taltabis” Example 1: Ali want to open saving account to save his money. When he meet the banker of Bank Islam, he no need to perform intent (niat) to open Islamic saving account because Bank Islam already offer Islamic contract for saving account. Example 2: Ismail, who stay in Selangor provide living and education expense to Jalaluddin, his younger brother that now studying in UUM by bank in the money into Jalaluddin saving account from Bank Islam every month since the death of their father. So, Ismail not required intent because it already became his obligation for him to do so. 1.2 “Ishtiratu al-ta’yin fi ma yaltabis duna ghairih” Example 1: When Ahmad want to open Wadiah Islamic saving account, he required to state his determination(ta’yin) whether he want to open wadiah yad amanah or wadiah yad amanah . It is important so that the banker know if Ahmad wants his saving to be pool and utilize or not. Example 2: Zaharah was asked her clerk to apply for mudharabah contract from Hong Leong Islamic Bank to finance their company’s business in the future. However, the banker from the bank was contact Zaharah (she forget to mention her clerk to choose unrestricted mudharabah) to conform the actual type of mudharabah that she want to apply because there are two types of mudharabah that will bring many differences of effect later. In this case, Zaharah should clearly state the contract that she wants to choose.
- 2. 2 1.3 “Ma la yushtarat at Ta’arrudu lahu jumlatan wa tafsilan iza ‘ainahu wa akhta’a lam yadhurru” Example 1: Jamal from Company A want to apply Islamic Bank Guarantee from Bank Muamalat to built confident of Company B because they would like to show their interest to purchase kitchen equipment from that company but instead he applying Bank Guarantee-I (BG-i) from Bank Islam. Example 2: Majid decide to open Islamic bank account for his son in Ipoh where his house location. However, he was open the account in Islamic bank that located in Alor Star, the location where he work just now. 1.4 “Ma yushtaratu fiha al-ta’yinu falkhota’u fihi mubtil” Example 1: Fatimah was nazar to build a waqf building for orphanage of Hidayah Madrasah Al- Taqwa if her application of musharakah mutanaqisah from Hong Leong Islamic Bank is approved and if her company succeed to build house developing project not more than 3 years. However, after her application was approved and her company succeed finishing the developing project in 2 years and half, she was builded a building for Islamic school to comply her nazar. So, it is invalid unless she builds a waqf building for orphanage of Hidayah Madrasah Al-Taqwa as her nazar before. Example 2: Mr Jefree was apply for Bai Bithaman Ajil contract from Bank A to buy blue car from Company Saad. However, the banker who went to Company Saad was wrongly chosen black car for Mr Jefree. As a conclusion, the banker must return the car or get the blue car for Mr Jefree.
- 3. 3 1.5 “Ma yajibu at ta’arrudhu lahu jumlatan wa la yushtarothu ta’yinuhu tafsilan iza ‘ayyanuhu wa akhta’ dhorra” Example 1: Gadaffi choose Salem to act as broker to sell his house in Kuching, however, Salem was sell the Gadaffi’s house which located in Kuala Lumpur. In this case, the contract become invalid so Salem must responsible to his fault. Example 2: Maria was asked by her manager to invest their profit of the company in an agriculture investment offered by Affin Agriculture Greenhouse. However, she was invest in seeding and tillage of Affin Agriculture Greenhouse. So, the manager has a right to withdraw the investment. 1.6 “An niayatu fil yamini takhassisu al lafza al a’am wa la tu’ammu al khos” Example 1: It is a valid sale contract when Yusof say “I buy whole your durians in this orchard”. However, it is invalid if Yusuf say “I buy Musang King durians only in this orchard”, but instead he buy all types of durian in the orchard. Example 2: Laila was oath to herself that she will donate half of profit from her investments in Company A if there is an increment in her shares for more than 15% at the end of this year. It is still valid when Laila does not donate even 1 sen of her profit from her own business company, Laila Enterprise, when the company profit was up to 20%.
- 4. 4 1.7 “Maqosidu al lafzi ‘ala niyyati al laafizi il’la fi maudhi’e wahidin wa huwa al-yamin ‘inda al qodhi” Example 1: Rahman was arguing to Sulaiman since he had agreed to settle Rahman’s loan from Ah Long if Rahman can’t pay but Sulaiman said honestly from his heart that he never agree to do so. In order to solve the disputes among them, they both go to Ah Long to discuss the matter because Rahman strongly defense his statement according his agreement with Sulaiman before. Example 2: Company Mubarak and Company Sally Enterprise, two companies from Johor agreed to buy RM1 million of raw materials from abroad company. During the time of payment, Company Mubarak complains that they actually never means to buy abroad raw material products, otherwise they want the product from Sabah as discussed during their meeting before. However, Company Sally Enterprise confidently defense that they all never discussed to buy from Sabah, so, they bring this matter to the judge. 1.8 “Al- ‘Ibratu fi al ‘uquddi lil maqosidi wa al ma’ani la li alfaazi wa al ma’ani” Example 1: Fatimah was asked by Aminah to take care of Aminah money and she agreed to be entrusted for the money under wadiah yad amanah contract . After a long time, Fatimah was mixed and pooled the money into an Islamic share but her investment was lost. So, Fatimah must return the money because the contract was changed to wadiah yad damanah contract.
- 5. 5 Example 2: First party said to the second party “I give you my building as hibbah to be your beverage factory processing, as long as you give me your profit for your share in unit trust every year”. This condition caused the hibbah does not occur because hibbah means an act of giving away one’s property with the immediate effect of transfer of ownership without any return.