Shariah fundamentals

Amanah (trust)

Holding someone else's property as a trust: the holder is not liable for its loss unless it was caused by misconduct or negligence.

Amanah describes possession of another person's property as a trust rather than as a liability. AAOIFI's standard on possession explains that a trustee, such as a custodian, an agent, a mudarib or a partner, does not bear the loss of the property as long as it did not commit a tort or act negligently in keeping it. The opposite category is possession with liability (daman), where the holder must make good any loss. Whether a contract creates amanah or daman decides who carries the risk of an asset, so it is one of the first questions asked about any Islamic contract.

Sources

This entry explains a term; it is not a Shariah ruling. Approving a product is for each institution's own Shariah board and regulator.

Related terms