Professional Documents
Culture Documents
My Thesis Proposal
My Thesis Proposal
(Case of Pakistan)
SUBMITTED BY
PRESENTED TO
The most important issue among other above mentioned issues, which affect the
efficiency of Islamic finance industry and impose question on the shariah compliance of the
industry as a whole, is the Documentary letters and its interest based instruments. There are
some alternative instruments to solve these Documentary letters issues.
The major problem is , banks are not working like a trade house as they argue that in
playing the role like a trade house, there is a big risk , if banks buy some goods on the demand
of any person and then if that person do not take it, there will be loss for bank so banks take
promise & put some penalty on no performance(the issues related to guarantees before
concluding a murabaha deal such as promise, hamishjidiyyah(security deposit) and issues
relating to guarantee for recovery of debt created by murabaha transaction ,documentary
credits).So I want to present alternatives about import transactions by Islamic ways in banks
that is banks should act as a trade house & we will categorize all imports in three major types;
• General items (where is no risk about their market)so these items banks will purchase
by themselves & they will sale these items by themselves
• 2. Industrial goods / inputs (which is used by industrial importers ) so banks will sign a
contract with importers of Astana that the bank will purchase these goods & will give to
the industry & industry will give them in compensation the finished goods as their sole
agents
• 3. Remaining item s banks will open L/C account on full cash with service charges(in this
banks also can get the imports business expert services and pay them from these
charges).
Literature review:
• Islamic law and the Finance of International Trade by Alice de jonge, Monash
University(Australia)
The author describe in this article the practices which is in conventional banking & there
alternatives which is used by Islamic banks, he also highlight shariah issues Islamic
banking system, but as this article is written in 1996, so now there is a change in
practices.
• PRINCIPLE OF STRICT COMPLIANCE IN LETTER OF CREDIT: A COMPARATIVE STUDY
FROM LEGAL AND SHARIAH PERSPECTIVE by Rosmawani Che Hashim, University of
Malaya and Ahmad Azam Othman & Akhtarzaite Abdul Aziz, International Islamic
University Malaysia.
In this article the author discuss the Shariah status of L/C documents; are the
documents can take place of physical goods, but he don’t describe other aspects of
business.
In this article, there is discussion on investment by banks, but only a little discussion on
import business which is not enough on subject.
In this article the author describe different modes of financing import/export business
by Islamic banks & the shariah issues in the field, but he didn’t present there
alternatives.
Objectives:
1: To evaluate the current import and export procedures with respect to Sharia
requirements.
Research Questions:
• What are the tools of facilitating import and export business used by Islamic banks?
HYPOTHESIS:
Import/Export business is being practiced in broader way, the gap between Shariah
compliant and present practices has to be identified in order to make Import/Export
Procedures fully Shariah compliant, so that all the issues through which any kind of
interest is found will be highlighted in order to make it totally based on Shariah.
Research Methodology:
It is library and field based research and partially based on questions which will be
taken from importers & exporters. The research will be also an empirical study on the
primary data that will be collected through questioner and audit report of trading
institutions. I will use qualitative & quantitative research methodology, principally
composed of literatures, legal documents, scholarly articles, Article of Agreements,
guiding principles, policies and programs, reports released on the subject matters and
the existing procedure of practice in Pakistan. I will try to look over the significance and
the legal status of the issue in the light of settled rules of Shariah. A comparative
analysis of literature as well as feedback from questioner will be taken into
consideration while research is being done.
We have adopted this topic as it is so important in this time, a great part of our today
business is import/export business. So in this study the procedures of import and
export will be studied with Islamic and modern approaches. I will discuss
major/general issues of import/export business generally, specifically in Pakistan
scenario.
Tentative outline
Introduction:
1. Introduction
2. Literature review
3. Objectives
4. Research Questions
5. Hypothesis
6. Methodology
Chapter 1:
1.4: Payments
1.6: Documentation
1.7: Summary
Chapter 2:
Documentary letters in conventional banking system
2.4:Summary
Chapter 3:
3.5: Summary
Chapter 4:
5.1 Insurance
5.2 Certifications
5.4 Smugglings
Proposed Bibliography
3. Alice de jonge , Islamic law and the Finance of International Trade , Monash
University(Australia)
5. Mansoori, Dr. Muhammad Tahir. 2011. Islamic Law of Contracts and Business
Transactions. Islamabd, Pakistan : Shariah Academy, International Islamic
University.
"وهو من الموض==وعات= المهمة ال==تي تحت==اج إلى بحث و تك==ثر الحاجة إلى معرفتها الس==يما في العصر
الحاضر الذي قد اتس==عت فيه العالق==ات التجارية بين األمم ،وتع==ددت معها أن==واع التعامل بين الن==اس
واستجدت معامالت لم تكن معروفة من قبل.
: وأما األهداف التي دفعته للكتابة في الموضوع فلخصها الباحث فيما يلي
-1بيان األحكام الشرعية المتعلقة باإليراد و اإلستيراد وجمعها بين دفتي رس==الة علمي==ة واح==دة مم==ا
يُسهل على القارئ والباحث الرجوع إليها.
-2بيان سماحة اإلسالم في التجارة ،وأن شريعته صالحة لكل زمان ومكان و أمة.