Professional Documents
Culture Documents
DEFINITION
EVIDENCE
PILLARS OF AL-WADI'AH
CONDITIONS OF AL-WADI'AH
TYPE OF AL-WADI'AH
SALIENT ISSUES OF AL-WADI'AH
MODERN APPLICATION
DEFINITION
Literally:
To leave, quit, abandon etc.
Technically:
Representation in keeping possession or respectable
private goods in a specific way.
Any belonging left by the owner or his representatives
with somebody to take care of them.
EVIDENCE
Al-Quran:
EVIDENCE
Hadith:
Discharge the trust to the person who entrust it to you,
and do not betray the one who betrays you
(Sunan Abu Dawud)
Ijma:
The scholars from every single era of the Islamic eras
had came to a consensus on the permissibility of the
Wadi'ah contract since it is desired by the people in
general to the extent that it is actually an essential and
vital contract for the society
PILLARS OF AL-WADI'AH
1. Al Muwaddi
Depositor, Owner of the property
2. Al Wadi
Depositee, Custodian of the property
3. Al-Wadi'ah
Property for safe keeping
4. Sighah
Offer (Ijab)
Acceptance (Qabul)
FLOWS OF AL-WADI'AH
Ijab (Offer)
Al-Muwaddi
(Depositor, Owner of the
property)
Al-Wadi'ah
(Property for
safe keeping)
Qabul (Acceptance)
Al Wadi
(Depositee, Custodian of the
property)
CONDITIONS OF AL-WADIAH
Conditions for Contracting Parties
Al-muwaddi is the depositor or the owner of the
property
Al-wadi is the depositee or the custodian of the
property
Both parties must be person of sound mind and eligible
to do a contract (ahliyaah al ada`a)
Both parties must be eligible to be a wakil (agent) and
trustee
Al-wadi must ensure his capability to safe-keep the
deposit.
ISB548
CONDITIONS OF AL-WADIAH
Conditions for Wadiah (Deposited Property)
It must be valuable from Shariah view point, must be
owned and deliverable
It must be a form of property that can be possessed
physically
ISB548
TYPES OF WADIAH
Wadiah Yadd al-Amanah
Safe custody based on trust
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REASON:
1. The agent (depositee) is the guarantor and custodian of the money until it is
returned back to the real owner.
2. The depositor does not essentially enter the contract of Wadi'ah with the
intention of gaining any profit but with the purpose of safe guarding their
deposited property. Hence, they should be given their original property
without any amount of profit.
2.
Abu Hanifah
REASON:
1. The revenues were earned through an illicit gain.
2. If it is forbidden to sell the Wadi'ah property, the acquired profit would be
considered as an illicit gain which could only be purified through donation
and charity.
3.
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Others
MODERN APPLICATION
Responsibility of an Islamic Bank is considered as Yad
Dhamanah when:
Bank imposes certain fee on the safe keeping of the items and
provides a special place for the safe custody of these items.
The bank will be held responsible for the replacement of these
items in cases of loss, damage or destroyed even if these
disasters occur unintentionally or due to negligence.
Bank uses the cash money for business purposes. In this case,
the bank is obligated to fully return the al-Wadi'ah money
that has been used back to the owner, regardless of whether
the bank had made any profit or even loss from the business
venture using the alWadi'ah money.
This means that any profit would be owned by the bank and
they have the right to give all or part of the proceeds back to
the depositor based on their discretion as a gift or token
which are not promised earlier
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MODERN APPLICATION
Al-Wadi'ah Current Account
Islamic Bank mobilizes customers deposits in Current
Account under the principles of Al-Wadiah Yad Dhamanah
(guaranteed custody).
It is based on the combination of contract of custody (alWadiah) and guarantee (Yad Dhamanah).
Bank receives deposits from its customers who want to make
a safe custody of their funds and utilizing the services
provided under the scheme of a current account.
The bank then will ask permission to utilize their funds.
However, the customers may withdraw their saving any time
they desire.
All the profit generated by the bank from the use of funds
belongs to the bank.
The bank provides cheque books and other services provided
by conventional bank to the current account.
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MODERN APPLICATION
Al-Wadi'ah Saving Account
Islamic Bank mobilizes customers deposits in Savings
Account under the principles of Al-Wadiah Yad Dhamanah
(guaranteed custody).
It is based on the combination of contract of custody (alWadiah) and guarantee (dhamanah)
Bank accepts deposits from its customers who want to make a
safe custody of their fund
Profit generated by the bank from the use of such funds
belong to the bank.
Bank may at his discretion reward the customer by returning
a portion of profits generated from the use of their funds from
time to time.
Bank provides its customers with saving passbook and other
usual services provided for saving accounts by the
conventional banks. ah).
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Lender Borrower
CONTRACT
Wadi'ah (safe-keeping)
contract
RELATIONSHIP
Depositor Depositee
INCOME
OBLIGATION
ISLAMIC
PRODUCTS
Question?
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