Hiyal in Islamic finance: a recognition of genuine economic need or circumvention of Riba?

Ehsanullah Agha Syed and Mustafa Omar

Qualitative Research in Financial Markets, 2017, vol. 9, issue 4, 382-390

Abstract: Purpose - This paper aims to develop aSharīʿahframework for usingḥiyalin Islamic finance.Ḥīlah(singular ofḥiyal) is an Islamic juristic term which refers to the application of acumen and ingenuity to avoid hardship in one’s commitment to Islamic rulings. It has been used as a legal device in Islamic jurisprudence to actualize a legitimate objective. Particularly, it plays a significant role in financial engineering, as it alleviates financial predicaments with remedies. Design/methodology/approach - The study adopted qualitative method of research by using content analysis approach. Inductive reasoning is applied to drive legal provisions fromSharīʿahsources that would be used as basic principles to develop an objective measure for usingḥiyalin Islamic banking and finance. Findings - This study attempted to identify the distinctive features of legitimateḥiyalfor the purpose of developing aSharīʿahframework. It is observed that aḥīlahwould be considered permissible in Islamic finance if it meets the prescribed criteria of (1)Sharīʿahobjectives, (2) user’s motivation, (3) means, (4) benefit and (5) concessionary rules. This proposed framework may serve as an ‘objective measure’ that will determine whether aḥīlahbased financial engineering aims to actualize a genuine economic need or to circumvent the prohibition ofribā. Practical implications - The proposed standard ofḥiyalwill enableSharīʿahadvisors, economists, financial engineer, legal experts and policy makers to develop comprehensive guidelines for usingḥiyalin Islamic financial engineering. Originality/value - Islamic financial institutions rely heavily onḥiyalto operate in a predominant conventional financial system. The application of these legal stratagems in Islamic finance has been the center of an intense debate between Islamic economists and jurists. The former argues that over-reliance onḥiyalnot only divorces morality from technicality but also defeats the noble purposes of Islamic economics. This paper provides a synthesis of the diverse views on the subject to facilitate a minimum level of convergence among scholars on the permissibility ofḥiyal.

Keywords: Islamic finance; Hiyal; Legal stratagem; Riba; G11; P1 (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:eme:qrfmpp:qrfm-05-2017-0041

DOI: 10.1108/QRFM-05-2017-0041

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