A SHARIAH-BASED EXAMINATION OF SELECTED JAIZ BANK PRODUCTS

Authors

  • Ahmad Hussein Folorunsho University of Ilorin, Ilorin, Nigeria
  • Ahmad Olusola Murtadha University of Ilorin, Ilorin, Nigeria
  • Usman Kola Belgore Kwara State University, Malete, Nigeria

DOI:

https://doi.org/10.22452/jslr.vol10no2.2

Keywords:

Shariah, bank, products, Shariah-compliance

Abstract

Jaiz Bank is a full-fledged Islamic bank licenced and operating in Nigeria. The bank is authorized to operate throughout the federation and offers a range of products in designing its savings, current, and other banking services. This research focused on examining the Shariah compliance of some of these products. In particular, it analysed the products adopted in designing the bank’s savings and current accounts. It also examined some Jaiz Bank products developed from murābahah-related contract, which have attracted criticisms from certain scholars and Islamic clerics in Nigeria. The compliance of some of these products with the principles of Shariah has generated debates and controversies as to whether the products designed from the traditional Islamic contracts truly align with the intention of the Law-Giver. It is often asserted that not all Islamic banks offer, genuinely, Islamic or Shariah-compliant product. Thus, this research became necessary to examine the Shariah compliance of some products offered by Jaiz Bank. Undoubtedly, there are several studies on Islamic finance, particularly on Islamic banking products. However, this research distinguishes itself from the existing studies focusing, specifically, on selected Jaiz Bank products and analysing their various several terms in the light of Shariah. The doctrinal method of research is adopted to examine the bank’s products. The terms and conditions of these products are analysed through the lens of Shariah. Upon the analysis, the research finds that the products used in designing the bank’s savings and current accounts substantially comply with shariah. It, however, observes that the terms of the savings account do not accommodate the two-tier mudārabah structure commonly practiced by Islamic banks. Meanwhile, the murābahah-related products adopted by the bank remain subjects of juristic disagreement. This research aligns with the juristic view that considers such murābahah-based products - as adopted by Islamic banks including Jaiz Bank – to be inconsistent with Shariah. Nevertheless, this research refrain from categorically declaring these products non-compliant, as in matters of ijtihād, no single opinion is deemed superior to another. Therefore, the study profers recommendations aimed at enhancing full compliance of the selected Jaiz Bank products.

Downloads

Download data is not yet available.

References

AA Alaro (2010). “Islamic Law of Banking: A Discourse of Riba and Its Modern Instruments,” Journal of Islamic Law and Judiciary, vol. V, 7-20.

Ajagbe Tunde Suraj & Birma A.N, (2013). “Islamic Banking Development and Evolution: Current Issues and Future Prospects” Journal of Research in International Business and Management, vol. 3, no.2, 75

Alharbi Ahmad, (2015). “Development of the Islamic Banking System” Journal of Islamic Banking and Finance, vol. 3 no. 1, 14

Ali Yusuf Olaolu (2016) “Non-interest Banking’ in Banking Theory, Regulation, Law and Practice. Lagos: AU Courant, 572 – 596

Ayub Muhammad, (2007), Understanding Islamic Finance. England: John Wiley & Sons Ltd

Al-Dardīr Ahmad (n.d), Al-Sharh Al-Saghir. N.p: Dar Al-Ma’arin

Daud Mustafa, Yussof Mohammed, Abideen Adeyemi Adewale, (2011). “The Establishment and Operation of Islamic Banks in Nigeria: Perception Study on the Role of the Central Bank of Nigeria” Australian Journal of Business and management Research, vol. 1, no. 2, 14

Ibn Abidin Muhammad Amin (n.d), Hashiyat Radd al-Muhtar. Egypt: Matba‘at Al-Bābī Al-Halabī

Ibn Qayyim Muhammad, I‘lām al muwaqi’n ‘an Rabb al al. ‘ālamin. Cairo

Al-Jaza’iry Abu Bakr Jabir (2001) Minhaj al-Muslim, Riyadh : Darussalam.

Liaqat Ali, Azmat Ali & Hamza Khwaja (2013). “Comparison of Islamic and Conventional Banking on the Basis of Riba and Services” International Review of Management and Business Research, vol. 2, no. 3, 837 -846

Ljerka Cerovic, SS Nikolaj & Dario Maradin, ‘Comparative Analysis of Conventional and Islamic Banking: Importance of Market Regulation’ (2017) https://www.researchgate.net last accessed 15th May, 2024.

Malaysia International Financial Centre (MICF), Kafala on Mudarabah, available at http://www.mifc.com last assessed 20th April, 2025

Mallum Ahmed (2016). “The Operational Implication of the Challenges of Islamic Banking in Nigeria” University of Maiduguri Annals of Borno, vol. 26, 155

Al-Marwyne M (1985). “Islamic bank and its areas of work: comparative study”. Ph.D Thesis, Umm al-Qura, Mecca, Saudi Arabia.

Mohamad Mohammad Taqiuddin, Abdullah M.Y, Afifuddin Mohamad Mohammad et al (2013). “The historical development of modern Islamic banking: A Study in South-east Asia countries” African Journal of Business Management, vol. 10, no. 20, 11

Mohammed Hashim Kamali, Principles of Islamic Jurisprudence,

Muhammad Awawadah Samīr, ‘al-uqud Murakkabat fi fiqh Islamiyy wa tathbiqatuhu al-ma’asirat kamā yajrihā al-bank al-islamiyy al-palestine’ available fiqh.islammessage.com last accessed 23rd May, 2025

Al-Shafi‘i Muhammad Idris, Al- Ummu. N.p: Darr al-wafa

Sharafdeen Raji, ‘Al-Adabul Mufrad, Monthly halqa Session’ at Al-Madeen Central Masjid, Papa Agbede Area, Ogbomosho, (2024)

The Islamic Deposit Insurance Group of the International Association of Deposit Insurers, Insurability of Islamic Deposits and Investment Accounts, p. 6 available at hhtps://www.iadi.org>assets>File>papers assessed 11th May, 2025

Udovitch Abraham (1970), Partnership and Profit in Medieval Islam. N.p: Princeton University Press

Al-Zuhayli Wahbah (1989), Al-Fiqh Al-Islamiwa ‘Adillatuh” terj. El-Gamal M.A, Financial Transactions in Islamic Jurisprudence). Damascus: Dār Al-Fikr

List of Statutes

Banks and Financial Institutions Act, 2020

List of Cases

Intergraded Timber and Plywood Products Ltd v Union Bank (2006) LPELR-1519 (SC) 37

UBN Plc v Ajabule & Anor (2011) LPELR-8239 (SC) 39

United Dominion Trust Ltd v Kirkwood (1966) 2 Q.B.D 55

Guidelines

AAOIFI Shari’ah Standards for Islamic Financial Institutions, 2010: Standard No. 13

Central bank of Nigeria (CBN), ‘Framework for the Regulation and Supervision of Institutions offering non-interest banking in Nigeria, (2011) http://dc.cbn.gov.ng accessed 15th May, 2024

Published

31-12-2025

How to Cite

Folorunsho, A. H., Murtadha, A. O., & Belgore, U. K. (2025). A SHARIAH-BASED EXAMINATION OF SELECTED JAIZ BANK PRODUCTS. Journal of Shariah Law Research, 10(2), 133–150. https://doi.org/10.22452/jslr.vol10no2.2