CONFIDENTIAL IC/FEB 2023/IMU151

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE : FIQH MUAMALAT

COURSE CODE : IMU151
EXAMINATION : JULY 2023
TIME : 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of two (2) parts: PART A (1 Question)

PART B (4 Questions)

2. Answer the question from PART A and three (3) questions from PART B in the Answer
Booklet. Start each answer on a new page.

3. Do not bring any material into the examination room unless permission is given by the
invigilator.

4. Please check to make sure that this examination pack consists of:

i) the Question Paper

ii) an Answer Booklet – provided by the Faculty.

5. Answer ALL questions in English.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages

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PART A

Answer the question from Part A.

QUESTION 1

Narrated by Abu Sa'id and Abu Hurairah: The Messenger of Allah (peace be upon him)
appointed a man as his representative in Khaibar. When the representative came to him
with Janib dates, the Prophet SAW asked him, " Are all the dates of Khaibar of this kind ?" The
man replied, "No, for God's sake we exchange a bushel of Janib dates (a good kind) with
two bushels of al-Jam dates (a poor kind) and two bushels of Janib dates with three bushels
of al-Jam dates". Then, the Prophet (SAW) said, " Don't do that, but sell the al-Jam dates for money
(dirham), and then buy Janib dates with the money (dirham)." (Sahih Al-Bukhari)

Based on the above Prophetic tradition:

a) Explain two (2) characteristics of Bay’ al-Inah.

(5 marks)

b) Discuss two (2) flows of bank's financing under Bay’ al-Inah.

(5 marks)

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PART B
Answer three (3) questions from Part B.

QUESTION 1

Narrated by `Aisha: The Prophet (peace be upon him) purchased food grains from a Jew on
credit and mortgaged his iron armor to him. (Sahih al-Bukhari, 2068)

Based on the above Prophetic tradition:

a) Explain two (2) benefits of Bay' Bithaman Ajil for the buyer and seller.
(5 marks)

b) Discuss two (2) justifications behind the higher pricing set for Bay' Bithaman Ajil.
(5 marks)

QUESTION 2

Narrated by Shu`ba: Muhammad or `Abdullah bin Abu Al-Mujalid said, "Abdullah bin
Shaddad and Abu Burda differed regarding As-Salam, so they sent me to Ibn Abi `Aufa and
I asked him about it.” He replied, “In the lifetime of Allah's Messenger (peace be upon him),
Abu Bakr and `Umar, we used to pay in advance the prices of wheat, barley, dried grapes,
and dates to be delivered later. I also asked Ibn Abza and he, too, replied as above.” (Sahih
al-Bukhari 2242,2243)

Based on the above Prophetic tradition:

a) Explain two (2) conditions related to the price (ra's al-mal) in Bay' al-Salam.
(5 marks)

b) Explain two (2) objectives of Bay’ al-Salam.

(5 marks)

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QUESTION 3

"The Messenger of Allah forbade lending on the condition of a sale, selling what you do not
have, and profiting on what you do not possess." (Musnad Ahmad (10/120))

Based on the above Prophetic tradition:

a) Explain two (2) features that distinguish Bay' al-Istisna' from Bay’ al-Salam.
(5 marks)

b) Discuss two (2) circumstances where the agreed price of the istisna` asset may be
revised after entering the istisna` contract and before delivery of the istisna` asset to the
purchaser.
(5 marks)

QUESTION 4

Imam al-Nawawi is of the opinion that Bay' al-'īnah is not from a sale and purchase contract
which is prohibited by syar'a. Therefore, if Bay' al-'īnah involving only two parties is allowed
by the scholars of this school, then bay' al-Tawarruq is more important (awla) required.

Based on the above statement:

a) Explain two (2) differences between organized Tawarruq and classical Tawarruq.
(5 marks)

b) Discuss two (2) underlying contracts in Bay’ Tawarruq arrangement.

(5 marks)

END OF QUESTION PAPER

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