Professional Documents
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Indonesia
ABSTRACT
The practice of Islamic credit cards nowadays is still debatable among Muslim
scholars especially regarding to its contracts and its effectiveness to attain maslahah.
Study about Islamic credit cards is very essential and some studies have done on it.
However, studying about the comparison between Islamic credit cards practiced in
Malaysia and Indonesia in the recent year is still limited. Therefore, this paper would
like to tackle this issue by comparing Bank Islam Card, the Islamic credit cards issued
by Bank Islam Malaysia which is the first Islamic credit card issuer in Malaysia;
MPower Credit Card-I issued by HSBC Amanah which is the first Islamic credit card
used ujr as a contract; and Dirham Card issued by Bank Danamon Syariah which is
the first Islamic credit card issuer in Indonesia. From this analysis, it can be asserted
that regarding to the legalization of the contract, Islamic credit card issued by HSBC
Amanah is more secure than Bank Islam Malaysia. Moreover, the development of
Islamic credit cards in Malaysia is faster and more attractive than in Indonesia
especially after the issuing of Islamic credit cards by HSBC Amanah.
Keywords: Islamic credit cards, Bank Islam Card, MPower Credit Card-I, Dirham
Card
1. Introduction
conscious about the usage of the Islamic credit cards. Not only this credit card is
interest-free, but there is no profit charges if full payment is made before the due date.
In Malaysia, the Islamic credit card had been launched firstly by Bank Islam
Malaysia in 2003, namely Bank Islam Card (BIC) used bay al inah as a contract.
After that, on April 2009 HSBC Amanah launched the first Islamic credit used ujr as
a contract, namely MPower Credit Card-i. Meanwhile, in Indonesia, the Islamic credit
card was launched in 2007 firstly by Bank Danamon Syariah, namely Dirham Card.
However, Islamic credit cards practiced in both countries are still debatable
among Muslim scholars regarding its contracts and its effectiveness of attaining
maslahah. Therefore, using interview results and some literature reviews, this paper
intends to explore how the Islamic Banks (IBs) can facilitate the need of Muslim in
terms of credit card which has become a necessity in many circumstances. The
interview was conducted on Monday, March, 8th 2010 at 2.30 pm - 3.30 pm in Ahmad
Ibrahim Kuliyyah of Laws with Asst. Prof. Dr. Rusni Hassan, a shariah advisor on
HSBC Amanah Malaysia Berhad. Whereas, some literatures are reviewed from
journals, books, and articles related with the Islamic credit card.
The structure of this paper is as follow: Section 2 introduces conventional
credit card and Islamic credit card, system of conventional credit card, types of
2. Credit Cards
Billah (2007) explained that credit card known as plastic money is an essential mode.
In today’s society, people own credit card for many reasons. Such as, to obtain credit
facility, cash advance, and easy payment.
Credit card is different from a debit card that credit card does not remove
money directly from user account after every transaction as it does with debit card.
Credit card is different from charge card too. Charge card require from card holder to
Islamic Credit Card: A Comparison Study between Its Application in Malaysia and
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buy full amount of balance by the due date. In contrast credit card allows the card
holder to arrange their payment monthly at the cost of interest.
Bakhshi (2006) stated that credit card offers a line of credit to the user who
can spend up to a pre-arrange ceiling level. Credit card has identification information
written on it such as a signature or picture and authorized person to charge purchase
and services to his account, which one will billed periodically. The credit card is
inventive system that involves all aspect of cryptography (secret code). Moreover, it
has a microprocessor built into the card itself.
There are many types of credit card issues based on the income and the
services which are provided by the companies. Standard cards are available to anyone
over 18, subject to the application being accepted platinum gold or black are issue for
higher credit limit and have lower interest rates. Premium are offered for people who
consider to be a better credit risk, also available to people who have a specified
minimum income level quit high normally. Sometime many cards offer extra benefits
such as travel insurances, product guarantees and preferential loan rates. There is
another type of credit card issued on behalf of charities and other organizations like
football clubs and universities. This kind of card the company will generally make a
donation to the charity or affinity group with no addition charge to the cardholder.
Massey on Ferdian et. al (2008) defined Islamic credit card as a payment that meet
with at least three criteria of Islamic principle. First, card must meet the shariah
requirement on lending. It must ditch the three essential prohibitions in the Islamic
finance which are riba, gharar and maysir.
Riba is connected with interest ideal and it clearly prohibited in holy qur‟an.
Therefore Islamic credit card is not allowed to charge any interest even if the
cardholder does not pay on time. Gharar, or uncertainty, in the practice of Islamic
credit card should be avoided by excluding a charging scheme where the monthly
repayment or service charges are variable based on a number of factors. Maysir or
gambling is also prohibited. Secondly, an Islamic credit card must have certainty to be
accepted worldwide it should use payment scheme like visa or master card. Beside
that it should provide some available facilities such as CVV number for transaction
Islamic Credit Card: A Comparison Study between Its Application in Malaysia and
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and held amounts. Furthermore, the merchant charge and issuer’s fee should not be
withheld. Thirdly, an Islamic credit card should not animate behavior that considers
haraam.
Generally, the differences between Islamic credit card and conventional credit
card are provided in Table 1.
A recent study by Sultan (2001) talked about many proposals of credit card models
that are in Islamic financial field. It explained that any model of an Islamic credit card
used many contracts to serve the various purposes.
Therefore the bank will be the new principal creditor. To get simpler, figure 1
provides this model.
1
Customer
3 Merchant
2
BANK
Descriptions:
1. Customer purchases from merchant. The customer becomes the debtor and the
merchant becomes the principal creditor.
6
Costumer Merchant
5 BANK
3
Wadiah Marginal RAHN
Deposit Facility
Descriptions:
1. Customers pledge their assets to the bank contract of ar-rahn. The bank can
use the asset now.
2. The bank leases back the asset to the customer contract of al-ijarah.
3. The bank disburses the advance money to ar-rahn into a deposit account
known as “Wadiah Marginal Deposit”.
4. The credit card reflects the revolving balance of the wadiah marginal Deposit
account.
5. The credit card issues the use of the balance available in the wadiah marginal
deposit account.
6. The customer makes a credit purchase from the merchant.
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7. The merchant transfers his right to claim the debt to the bank contract of
hiwalah al-mutlaqa.
Some issues about this model:
1. The bank can lease out the asset which is a pledged to the lessee who is the
originally a pledged asset.
2. In ijarah contract, the bank becomes the leasor and the customer becomes the
lessee. Therefore, banks will have to bear the cost of maintenance of the asset.
However, in ar-rahn the customer is responsible for the maintenance of the
asset. It means the cost of the asset will fall back to the customer.
3. Ar-Rahn contract should sign first before the ijarah contract; otherwise it
would violate the principle of “Al-Ghunm bil Ghurm”.
4. In this transaction, the structure looks as a loan which makes the profit that the
bank makes interest (riba).
5. There are too many contracts making it quite difficult with the legal
documentation and contract signing.
6
Costumer Merchant
1 8
7
2
5 BANK
3
Wadiah Marginal RAHN
Deposit Facility
4. The customer then makes the purchasing from the bank and makes his
repayment on a deferred basis.
2
Customer Merchant
4
1 3
BANK
On April 2009 HSBC Amanah Malaysia Bhd has issued Islamic credit card named
MPower Credit Card-I which has two kinds. Those are MPower Visa Credit Card-I
and MPower Visa Platinum Credit Card-i. Musa Abdul Malek, Executive Director
and Chief Executive Officer, HSBC Amanah Malaysia on HSBC Amanah (2009)
claimed that the MPower Credit Card-i has successfully attracted cardholders ranging
from new customers as well as existing customers of HSBC.
Details of MPower Credit Card-I According to the Interview Results with Asst.
Prof. Dr. Rusni Hassan
Today, the importance of people on credit card is high. Considering about
convenience of spending in terms of safety, it is not safe to bring a lot of cash money.
For short reason using credit card is considered convenience and security for the
client. In the conventional bank, the transaction basically was a lending and
borrowing. When customer used credit card meaning customer borrowed some money
bank then charge certain interest, which was regardless part element of riba. As a
muslim, it is better not to use this conventional credit card. But when customer did not
qardhul hasan and ujrah concept as the structure of Islamic credit card payment,
whereby, it is because of the controversial of bay‟ al-„inah, and innovation for the
HSBC Amanah Malaysia Berhad behalf. When the customer purchases an asset on
market using this Islamic credit card issued by HSBC Amanah, it means that bank
lends certain money to card holder (customer) under the qardul hasan contract. Then
on prior or on the due date of monthly payment, card holder must pay the entire loan
amount that lend to bank. Besides, card holder must pay fee to bank under the ujrah
contract. If the card holder does the late payment, customer has to pay ta‟widh 1 %.
HSBC Amanah Malaysia Berhad as a commercial institution, provide MPower
Visa Credit Card-i and MPower Visa Platinum Credit Card-i for the type of its Islamic
credit card, in which the qualified of it depends on level of income. Recently, HSBC
Amanah Malaysia Berhad used a block of usage. Islamic credit card just used in a
place not for ribawi things such as alcohol, gambling, etc. And user for HSBC
Amanah Malaysia Berhad islamic credit card almost 100, because it is more flexible
for client.
Besides, conventional credit card was prohibited because it was practicing
riba. On the other hand, Islamic credit card was not. But it did not mean that Islamic
credit card might not charge some amount of fee. Main different between shariah and
Besides, on Islamic law, there was no Islamic sources explained that it is avoidable to
take much profit. Thus, Islamic banking and finance might charge fee and profit to
their customer.
TRANSFER TO MERCHANT/
WITHDRAWL (3)
Merchant
Islamic Credit Card: A Comparison Study between Its Application in Malaysia and
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back for overseas retail purchases. Given the HSBC Group’s extensive network
globally, the MPower Credit Card-I is also recognized at cover 19 million
establishments worldwide. In addition, HSBC Amanah recognizes the various
financial requirements of its customers and, as the world’s local bank, it ensure that
HSBC Amanah provides them with a full suite of shariah-compliant financial
solutions to cater to their individual needs.
Bank Islam Malaysia Berhad is one of some Islamic banks in Malaysia which issue
Islamic credit cards using bay al inah as a contract. Bank Islam Card (BIC) issued by
Bank Islam Malaysia is the first Islamic credit card in Malaysian market. It is also the
first credit card in Southeast Asia adopting the Europay-Mastercard-Visa (EMV)
Smart Card with the “chip” technology (Ferdian, et. al, 2008).
4. This account provides the cash from which the customer can withdraw funds
or pay for purchases just like conventional credit cards, the difference being
that there is real cash backing up the credit facility.
Stage 1. Bank sells customer commodity for deferred payment for price
equivalent to credit limit + total profit (subject to credit approval)
CUSTOMER BIMB
TRANSFER TO MERCHANT/
WITHDRAWL (4)
Merchant/
ATM
Issues of BIC
The BIC becomes controversial among Muslim scholars due to its bay al inah
contract. This is because bay al inah itself is still debatable and majority of Muslim
scholars are already forbidding it.
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According to al-Suwaylim (2008), those who reject bai al inah are scholars of
Imam Abu Hanifah School, Imam Hambali, Imam Malik and Imam Ahmad and some
Shafiites. Hanafi’s jurist rejects bay al inah because it is deemed as a contract which
is apparently allowed but it leads to an unlawful practice according to shariah (riba).
In addition, Hambali and Maliki assert that bay al inah is not valid due to the intention
of the parties. In the case of the BIC, the motive of the parties is to get the loan.
Hence, this contract becomes invalid.
On the other hand, Bouheraoua (2009) describes that scholars who accept bay
al inah are Imam Shafii, Abu Yusuf, Abu Daud and Abu Thur. Bay al inah is a valid
contract because it consists of two independent sales contracts and not conditional
upon each other. In addition, the expression used to denote the permissibility of trade
is indicative of universality or generality, embracing all types of trade. Hence, bay al
inah is a form of trading would remain permissible as there is no evidence to establish
the contrary. Allah states in the Quran:
three contracts: kafalah (guarantee), qardh (loan) and ijarah. Thus, all Islamic credit
cards issued in this country must follow contracts which are already prepared.
According to this fatwa in Safrudin (2007), the general rules of Islamic
(Shariah) Credit Card in Indonesia are:
a. Shariah Credit Card has the same function with credit card that has a lawful
relationship a between parties in any established jurisdiction, based on the
principles of shariah.
b. The parties involved are the card issuer (mushdir al-bithaqah), card holder
(hamil al-bithaqah) and card acceptance/ merchant (tajir or qabil a-bithaqah).
c. Membership fee (rususm al-„udhwiyah) is the payment for using the services
of card issuer.
d. Merchant fee refers to the fee given by the merchant to the card issuer as the
payment (ujrah) of being the agent service (samsarah), marketing (taswiq) and
billing payment (tahsil al-dayn).
e. Cash withdrawal fee is the payment for using the facility of cash withdrawal
(rusum sahb al-nuqud).
f. Ta‟widh is compensation payment for the card issuer resulting from card
holder late payment.
obligations to pay (dayn) which arise from the transactions between card holder and
merchant, and/or cash withdrawal from banks other than the ATM of the bank issuing
the card. Based on kafalah, the card issuer can accept a fee (ujr kafalah). Under the
qardh scheme, the card issuer acts as the lender (muqridh) to the card holder
(muqtaridh) through the cash withdrawal from the bank or ATM of the card issuing
the bank. The card holder is therefore obliged to return the same amount of funds he
withdrew at the time.
Figure 7: Scheme of the Dirham Card
will be imposed two kinds of compounds. Those are a ta‟widh and a 3% form the
balance account as the late charge fee. In addition, customers must pay a monthly fee,
(3.25 – 3.5) % and this fee is as same as the amount of interest in the conventional
credit card.
the campaign should be focused to prompt the customers to get is on impulse and let
them do the mouth-to-mouth campaign for the issuer, which eventually is cost-
effective for the issuer. Towards that end, a mass media advertisement campaign
might just not be it. It must be followed by road shows, reward campaign, door-to-
door campaigns by the direct sales team members and also Islamic credit card clinics.
Although Islamic credit cards in Indonesia do not face the shariah issues
regarding to its contract because kafalah, qard and ijarah are contracts which are
already accepted globally by the Muslim scholars, it still face the shariah issue
regarding the opinion that Islamic credit cards are not different with conventional
credit cards. This is because the Islamic credit card still includes “implicit” riba in its
scheme. The bank only changes the interest with the term of “administration cost”.
So, the implementation of “administration cost” is like interest charge in conventional
credit cards, but with the different term.
In addition, some Indonesian Muslim scholars reject the issuing of Islamic
credit card because the credit card is same as a debt, whereas the debt is one thing
which is not recommended in Islam. In Islam-economy (2009), it is explained that this
refers to many traditions narrated by Bukhari whose contents people who have debts
always tell lie and are never kept their word. Therefore, the Prophet Muhammad
Actually, the debt is allowed in a very forced situation and the added debt
must be repaid as soon as possible. Whatever types of transaction used in Islamic
credit cards, the substance remains to advise people in debt. So, this underlies why
Islamic credit cards may not be a shariah.
Moreover, the presence of Islamic credit card can encourage people to
consume more. This is because the function of Islamic credit cards is same as other
credit cards. Faber and O’Guinn (1988) explained that the most obvious reasons for
credit problems are come from people unprepared to meet their existing credit
obligations. Moreover, due to the increasing of credit card debts, the inflation of
America became doubled in the mid-December 1997. This was because credit cards
Islamic Credit Card: A Comparison Study between Its Application in Malaysia and
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spurred people to continue their consumption of un-needed goods only to avoid loss
of credit card fee burden.
Nevertheless, Islamic credit cards have some benefits for Muslims especially
in the urgent conditions. For example, if someone wants to buy an airline’s ticket at a
lower price now, but he does not have enough account in his debit card and he can
expect that he will receive some incomes in the next month, he can transact by using
the Islamic credit card. First, he does not loss the opportunity to get the lower price of
his ticket. Second, he can avoid a riba. Third, he can participate in the developing of
the economy riba free which is very necessary to increase the economy of ummah
With regard to the consumerism matter, the Islamic bankers can maximize
their policy which can avoid that. Mechanism to offer Islamic credit cards only for
persons who have certain level of income should be applied. Thus the use of the card
can be supported with the ability to pay. Furthermore, this policy can reduce credit
risks faced by any Islamic banks which issue Islamic credit cards (Ferdian, et,al,
2008).
Islam encourages yudfa „asyaddu adh-dhararyn, the intention is that the
transaction may be allowed initially banned on the grounds when there are no other
choices and to take things on the less dangerous. For example, Muslims can buy
6. Conclusion
The development of Islamic banking and finance encourage Muslim scholars to create
products which help Muslims to avoid riba including the issuing of Islamic credit
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cards. In the case of Malaysia and Indonesia, Islamic credit cards get many attentions
from academicians, syariah councils and practitioners. Actually, the Islamic credit
card is still debatable among Muslim scholars regarding its contracts and its
effectiveness to fulfill the maslahah. The contract which is still controversial such as
bay al inah used by Bank Islam Card (BIC) should be avoided in the practice of
Islamic credit cards. On the contrary, contracts which are globally accepted by
Muslim scholars such as ujr practiced by MPower Credit Card-i, and kafalah, qard
and ijarah practiced by Dirham Card can be developed in this product. Due to the
success of MPower Credit Card-I by using ujr as its contract, it is better that other
Islamic banks can imitate the way of HSBC Amanah to promote its Islamic credit
cards. Moreover, because the practice of Islamic credit cards in Malaysia is faster and
more attractive than in Indonesia, the Indonesian Islamic banks can make Malaysia as
a role model in the practice of Islamic credit cards.
Moreover, in spite of the issue about the consumerism, Islamic credit cards
must be used wisely and the credit issuers must have the rules to control it such as
giving the limitation of credits and making the feasibility study regarding to the
applicants properly.
In addition, due to the important of Islamic credit cards today, the innovation
7. Bibliography
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Bakhshi, Adil Manzoor. 2006. “Developing of Financial Model for Islamic Credit
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