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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.

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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.

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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%.

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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.

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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.