Conventional futures: derivatives
in Islamic law of contract
Md Akther Uddin
School of Business, University of Creative Technology Chittagong, Chittagong,
Bangladesh, and
Abu Umar Faruq Ahmad
Islamic Economics Institute, King Abdulaziz University, Jeddah, Saudi Arabia
Abstract
Purpose – This paper aims to compare and contrast the concept of conventional futures contract from the
Islamic law of contract perspectives. The underlying theory and practice of Islamic finance is based on the
principles of Islamic law of contract. Although the necessity of derivative instruments such as the case with
futures contract is essential for developments in Islamic finance, the permissibility of using these instruments
still remains a debatable issue.
Design/methodology/approach – The paper discusses arguments for and against using derivative
instruments as in futures, for example, in light with the Qur’an and Sunnah (the Prophet’s traditions), as well
as the views of classical scholars, jurists and contemporary researchers. Arguments for and against are
analysed systematically to derive a logical conclusion.
Findings – The study finds that majority scholars consider futures contracts as non-compliant with the
Islamic law due to the fact that selling something that does not exist, deferment in the both counter values,
gharar or ambiguity and excessive risk taking, pure speculation and sale of one debt for another.
Research limitations/implications – The study focuses narrowly on conventional futures contract.
Analysing other financial derivative contracts could be a future research endeavour.
Practical implications – The study has so far found the verdict of impermissibility of conventional
futures contract in its current form as has been argued by majority scholars in the premise that they do not
comply with the Islamic law. Policymakers and industry practitioners need to take this opinion of majority
scholars while developing new Islamic financial derivatives.
Originality/value – To the best of the author’s knowledge, the present research is the first attempt so far
that explained the validity of conventional futures by analysing arguments of classical and contemporary
jurists, scholars and researchers.
Keywords Derivatives, Futures contract, Gharar, Islamic law of contract, Maysir, Speculation,
Sale of debt
Paper type General review
1. Introduction
Conventional futures are derivatives, values of which derive from other financial products.
A futures contract is essentially a standardised forward contract, is an agreement between a
buyer and seller to deliver a specified asset at a certain time in the future for a certain price.
Trading volume of futures contracts is often much larger than underlying assets, and this is
due to the presence of the elements of speculating activities and maysir or games of chance
in derivatives. Some researchers asserted that those who participate in futures contracts do
We would like to thank two esteemed reviewers and the editor of the journal for their constructive
comments.
Derivatives in
Islamic law of
contract
315
Received 18 October 2017
Revised 27 March 2018
Accepted 15 March 2020
International Journal of Law and
Management
Vol. 62 No. 4, 2020
pp. 315-337
© Emerald Publishing Limited
1754-243X
DOI 10.1108/IJLMA-10-2017-0242
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