Open AccessWhy Islamic finance is different? A Short Review of Islamic Jurisprudential Interpretation about Usury, Ambiguity (Gharar), Gambling (Maysir) and Exploitative Commercial Arbitrage (Talaqi alRukban)
Author(s) -
Mohammad Ashraful Ferdous Chowdhury
Publication year - 2015
Publication title -
journal of emerging economies and islamic research
Language(s) - English
Resource type - Journals
ISSN - 2289-2559
DOI - 10.24191/jeeir.v3i3.9069
Subject(s) - usury , islam , ambiguity , arbitrage , interpretation (philosophy) , islamic finance , point (geometry) , element (criminal law) , law and economics , meaning (existential) , economics , law , sharia , positive economics , sociology , political science , accounting , epistemology , philosophy , financial economics , theology , mathematics , linguistics , geometry
Unlike the traditional Finance, Islamic finance must observe the teachings of Shari’ah whose basic teaching cannot be violated at any point in time. These basic teachings constitute the core element of the faiths that are best described as maqasid al-shari’ah. While prohibiting Riba, Gharar, Maysir, Islam promotes maslahah by protecting the interests and benefits of all parties involved in the market. This paper emphasizes on the main underlying causes (‘Illah) for the prohibition of these on the basis of Islamic and socio-economic point of views. This is paper is based on secondary sources such as classical books, articles etc. There is no difference of opinion among scholars that Riba, Gharar, Maysir is clearly prohibited by both Quran and the Sunnah. However, Questions continue to be raised about their meanings and implications because of the diverse applications in commercial transactions (Mu’malat). This paper is a humble attempt to clarify the meaning and implications of these terms.