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Islamic Credit Cards

Glossary

Takyif fiqhi

Working out which classical contract a modern product actually matches.

تكييف فقهيtakyīf fiqhī

Takyif fiqhi is the exercise of characterising a new transaction in terms of the established categories of Islamic law: is this a sale, a lease, an agency, a guarantee, a loan? It is where most card disputes are really settled, because the label determines the rules. Bank Negara's SAC used the term directly when it rejected a card design in July 2008: 'the fiqh adaptation (takyif fiqhi) of ujrah on wakalah in the proposed credit card structure is not accurate', since the bank's role as agent was described too narrowly to justify the fee it wanted.

Related terms

Sources

  • Bank Negara Malaysia, Shariah Resolutions in Islamic Finance, 2nd edition, item 93

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