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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 2 (2016) pp 909-916

© Research India Publications. http://www.ripublication.com

New Approach to Model Salam Contract for Profit and Loss Sharing

A. Dchieche
Ph.D. Student, Islamic Finance Engineering Laboratory,
Laboratoire d'étude et de recherche en Mathématiques appliquées,
Mohammadia School of Engineering, Mohammed V University, Rabat, Morocco.
E-mail:amina.dchieche@gmail.com

R. Aboulaich
Professor, Islamic Finance Engineering Laboratory,
Laboratoire d'étude et de recherche en Mathématiques appliquées,
Mohammadia School of Engineering, Mohammed V University, Rabat, Morocco.
E-mail: aboulaich@emi.ac.ma

Abstract There are many Islamic contracts designed for hedging as


Salam is a contract in which advance payment is made for goods Salam, Bai Bil Ajal2, Istisnaa3, Joala4, Istijrar5... In this work
to be delivered at a future date. Profit and loss sharing suggests an we propose a new approach to improve the Salam contract
equitable sharing of risks and profits between the parts involved via the principle of profit and loss sharing.
in a financial transaction. This principle can avoid unlimited risk Salam is a contract for deferred delivery that was originally
and unknown loss from which are suffering many conventional sanctioned during the time of the Prophet, peace be upon
contracts. The purpose of this work is to propose a new approach him, to facilitate the trading activities of farmers who were
to model Salam contract. The goal is to avoid unlimited risk and awaiting the harvest of crops. In more modern times it has
unknown loss using the dynamic rate of return [1] and the also been applied to the production of raw materials and
expression of participating contingent premium options [2]. The fungible goods in general.
proposed formulation uses the Salam contract and introduces the In Sudan Salam contract was used in the field of agriculture,
principle of profit and loss sharing in Khiyar Al Ghabn which is this is a contract that has been very successful but that has
an agreement of choice in case of misrepresent facts. experienced the stress of the price variation. Despite the fact
is that the prices of goods sold by the Salam contract are set
Keywords: Islamic Finance, Shariah Compliance, Profit and loss by the state price but changes due left disgruntled farmers.
sharing, Derivatives, risks, hedging, Salam contract In order to avoid these problems many solutions have been
proposed by Sudan's bank [4], [12] and [29].
Introduction If prices change much and farmers felt injustice the bank can
In all financial transactions risk is always present. In Islamic negociate the difference of price. If this additional amount
finance this issue has far bigger because Gharar1 meaning the didn't satisfy farmers the Salam contract can be cancelled and
unknown is not allowed and all Islamic transactions are required the good returned back to be sold on the market.
to minimize risk [22]. The latter possibility can be considered as khiyar Shart which
To reach this objective we presented in the article [1] Waad Bil is an option that constitutes a condition stipulated in the
Mourabaha as Shariah Compliant alternative to the Call option contract, this option confers on the parties to the contract the
but the risk of the seller stayed unlimited. We also proposed a right to proceed with contract by confirming it or to cancel it
modelization of the dynamic rate of retun of the good which we all within a preagreed period of time. The use of khiyar Shart
will use in the following sections. is controversial by Shariah6 in the Salam contract.
We also succeed in the article [2] about Participating Contingent In our study we will learn from the experience of Sudan to
Premium Options to avoid unlimited risk for the seller using the Model modified Salam Contract. The additional amount will
principle of profit and loss Sharing, but the execution of the be calculated using the principle of profit and loss sharing
contract stays under the control of the buyer. and the payement will be based on Khiyar Al Ghabn [4].
According to [5], [6] and [7] the risk in Islamic Finance must be
tolerable it means it is inevitable, insignificant and unintentional. 2 A contract that refers to the sale and purchase transaction for the financing
If the execution of the contract is under the control of one of the of an asset on a deferred and an instalment basis with a pre-agreed payment
parts the loss can be caused to the other intentionally. This issue period.
3 A purchase contract of an asset whereby a buyer will place an order to
is resolved by the payment of the premium. Several other studies
purchase the asset which will be delivered in the future.
about risk and hedging in Islamic finance have been made [20], 4 Is essentially a Istisnaa but applicable for services as opposed to a
[21], [24] and [25] but most of them kept the premium. manufactured product.
5 A contract between a client and a supplier, whereby the supplier agrees to

supply a particular product on an ongoing basis, for example monthly, at an


1An Islamic finance term describing a risky or hazardous sale, where details agreed price and on the basis of an agreed mode of payment.
concerning the sale item are unknown or uncertain. 6 Islamic law

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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 2 (2016) pp 909-916
© Research India Publications. http://www.ripublication.com

The price of the good will be paid at the beginning according to The ``Malikis'' define salam as the sale of something owned
an agreed interval of price's variation and the share of profit and and specified by description in exchange for a price, the
loss will be done at maturity. delivery of the thing being put off for a time they permit
The contract is automatically cancelled if the price of the good at postponement of the transfer of the price to the buyer for a
the maturity is outside the agreed interval. period of no more than three days.
Since the cancellation of Salam contract under a choice is seen as The ``Hanafis'' have the same definition of the ``Malikis'' but
Khiyar Al Shart which is contraversial by Shariah we will they are strict about the precise specification of the price and
propose two possibilities the first permits the cancellation and the its being received by the seller there and then not the time of
second permits to avoid it. contract. The ``Hanbalis'' see salam as that which is handed
The remainder of this paper is as follows: the next section over in exchange for something defined that is owed for a
introduces Salam contract; Section three includes the new known period. The ``Shafiis'' define it as the selling of
approach to Salam contract; Section four presents the simulation something that is specified and owned.
results; Section five explains the second case of the model in
which the cancellation is avoided; and section six summarizes the B. Conditions of Salam Contract
finding and concludes. According to articles [27], [13] and [9] we resume Salam's
Contract conditions by:
Salam Contract - Full price should be paid to the seller at the time of
In the scientific literature the Salam Contract can be defined by effecting the sale.
many ways.According to [30] literally the word ``Salam'' is - Quality and quantity of the commodities should be
synonymous to the word ``Salaf'' which's means the lending. To specified exactly.
make Salam is to lend something to somebody. - All the details of the products must be expressly
A Salam transaction is so called because the price is to be paid mentioned.
when the concerned parties sit togeter to conclude the contract. - Quantity of the commodity is agreed upon in
According to [9] Salam is a contract where two parties enter into unequivocal terms.
a contract of sale of goods which would be delivered in future for - The exact date and place of delivery must be
which the price for the goods would be paid in cash on spot at the specified in the contract.
time of the signing of the contract. Means that it is a kind of sale - Salam cannot be effected in respect of things which
in which payment is spot while the delivery of the good is must be delivered at spot.
deferred. It is also known as Bay Salaf or Bay Mafalis. And - Salam contract cannot be revoked unilaterally by
according to [13] Salam is a sale whereby the seller undertakes to any party. It can be cancelled or partially cancelled
supply some specific goods to the buyer at a future date in with mutual consent by returning the actual or
exchange of an advanced price fully paid at spot. The buyer is proportionate amount of price paid. In case of
called ``Rab Al Salam'', the seller is ``Muslam ilaih'', the cash Default no penalty can be stipulated in the contract.
price is ``Ras al mal'' and the purchased commodity is termed as
``Muslam fih''. C. Difference between Salam sale and ordinary sale
The Salam Contract can be also seen as an analogous contract to According to article [9], author presents five differences
derivatives like sales, as represented in article [15]. Where between Salam sale and ordinary sale:
authors define the Salam Contract as prepaid forward sale. 1- In Salam sale it is necessary to precisely fix a period
for the delivery of goods which may not be in
A. Salam Contract Shariah point of vue ordinary sale .
Salam Contract is approved by the Quran7, the Hadith8 and the 2- In Salam sale the commodity which is not in
Ijmaa9: According to article [16] lbnu Abbas 10 commented that: possession of the seller can be sold which is
``I bears the witness that al Salaf (Al Salam) stipulated for a impossible in ordinary sale.
stated term had been made legal by Allah in His holy book and 3- In Salam sale only those commodities which can be
His permission is in it''. He then recites Ayah11 282 of Surah12 Al precisely determined in terms of quality and
Baqara. quantity can be sold, in ordinary sale everything that
The Prophet said, ``Whoever pays money in advance for dates (to can be owned is salable, unless the Quran or the
be delivered later) should pay it for known specified weight and Hadith prohibit it.
measure (of the dates)''. 4- A Salam sale cannot take place between identical
Article [8] explains the agreement of the four Madhahib13 about goods at the opposite of ordinary sale in which it is
the Salam contract and resumes their perception of the permissible.
application of the contract. 5- In Salam sale advance payment should be made at
the time of making the contract, in ordinary sale
7
The central religious text of Islam. payment may be deferred or may be made at the
8 The collections of the reports of the teachings, deeds and sayings of the Islamic time of the delivery of goods.
prophet Muhammad.
9 An Arabic term referring to the consensus or agreement of the Muslim
D. Advantages and risks of Salam Contract
community basically on religious issues of schools.
10 One of prophet's Muhammad companions and one of the early Quran scholars. According to articles [26] and [19], the seller undertakes to
11 Verse supply specific goods to the buyer at a future date in
12 Chapter exchange of an advanced price fully paid at spot. The price is
13 Schools of Islamic law: Maliki, Hanafi, Hanbali, Chafii.

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© Research India Publications. http://www.ripublication.com

paid immediately in cash but the supply of purchased goods is It represents the expected value of the good at maturity.
deferred to a fixed date. According to articles [3], [18], [26] and [28] the price of the
The seller gets in advance the money he wants in exchange of his Salam must include a reduction since the whole amount is
obligation to deliver the commodity later. paid spot at the beginning.
He benefits from the Salam sale by covering his financial needs To apply this condition we use the rate of reduction r and
whether these are personal expenses or expenses for productive or equation (1) to give the formula of the reduced price of the
trading activity. good:
The purchaser gets the commodity it is planning to trade on the P r = PF * (1 - r) (2)
time it decides. Pr is the price paid by the buyer at the time of signing the
The purchaser will also benefit from the cheap prices because contract to receive the good at maturity.
usually the Salam sale is cheaper than the cash sale, this way the
purchaser will also be secured against the fluctuations of price. B. Khiyar Al Ghabn
In Salam contract there is a possibility of Al-Ghabn: in Arabic The price of the good at maturity is not controlled, it can
means loss. What it really signifies is to sell something of one's fluctuate much causing loss for each part of the Salam
own on less than its due price, or to buy something on double or contract.
triple its price. In both cases one is a loser. When a person comes According to the article [19] this loss can be seen as Ghabn
to know about such a loss he repents and feels sorry for it. or Ghobn15 where one of the parties mind that the price paid
According to [23] the issue of Al-Ghabn can be resolved by is not adequat. In this case it can be possible to avoid the
Khiyar14 Al Ghabn which confers on either party to a Ghabn by an agreed amount, which can be difficul and can
commutative contract the right to remove the injustice arising occasion conflict. The other possibility is to add in the
from Al Ghabn by voiding the contract totally or partially. considered contract a stipulation of Khiyar16 al Ghabn.
In this work we will use Khiyar Al Ghabn in order to permit Khiyar Al Ghabn includes the payment of an additional
profit and loss sharing. amount considering the experience of Sudan it can also
include the cancellation of the contract, this solution is seen
New aproach to model Salam Contract for profit and as Khiyar Al Shart.
loss sharing In the following we propose a modeling of Khiyar Al Ghabn
In the next section we present the new approach to model Salam based on the principle of profit and loss sharing.
contract.
First we give the expression of the capitalization and the reduced i. Principle of profit and loss Sharing
price of the good. In the article [2] we modeled the Participating Contingent
Then we remind the formula of the profit and loss sharing of our Premium Option (PCPO) which is based on profit and loss
previous work to calculate the expression of profit and loss sharing. In the following we remind the expression of some
sharing of the Salam contract. equations used in that work.
And finally we present the interval of the execution of the P'{pcpo} is the amount that will be paid by the buyer under
contract. respecting principles of profit and loss sharing:
In this study we will use the following data:
T: the time variable P'{pcpo}= {pcpo}*  {pcpo} (3)
S0 : the price of good at t=0
St : the price of good at maturity T=t
Where δ{pcpo} is the variation of the price of good between
t : the maturity
the expected price of the good at maturity P{pcpo}, and the
R : the dynamic rate per period of return of good
real price of the good at maturity St, given by:
r : the cumulative rate of reduction for the time of maturity
PF : the expected future price of good calculated using the
formula of actualization  {pcpo}= St - P{pcpo}
(4)
Pr : the reduced price of the good
δ : the variation of the price of good And ρ{pcpo} is the percentage of the variation:
ρ : the percentage of the variation of the price of good
P' : the amount to be exchanged according to the principle of | St - P{pcpo}|
profit and loss sharing {pcpo}=
P{pcpo} (5)
p : the percentage of tolerance of price's variation
[IEC] : the interval of execution of the contract
β : function that takes 0 or 1 We notice the use of only positive values. We considered that
P{ms} : Modified Salam contract the amout P'{pcpo} is only paid by the buyer because he has
the control on the execution of the contract.
A. The future and the reduced price of good In this work we assume that the buyer and the seller have the
Using the classical formula of actualization represented in article same control on the execution of the contract and we will
[10], the formula of the future price of the good PF is given by: consider the possibility of exchanging money.
PF = S0 * (1 + R) ^ t (1) 15 Arabic word meaning literally to do wrong, cheat or misrepresent facts,
resulting in injustice and possibly substantial deviation from market price.
14 Option 16 Choice

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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 2 (2016) pp 909-916
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To permit this possibility we use the equation (4) of the variation C. Model of modified Salam for profit and loss sharing
of price of good, we remove the absolute value and we substitute Using equations (1), (8) and (9) we define modified Salam
the price of purchase of good P{pcpo} by the reduced price of the price contract:
good Pr. The expression of the variation becomes: P{ms} =  {[IEC]}* [ Pr + P'{[IEC]} ] (10)
If at maturity the price of the good fluctuated outside the
 = St - Pr (6) interval [IEC] the parameter β{[IEC]} takes the value 0 and
the contract is automatically cancelled.
Pr is the reduced price of the good calculated at T=0 and paid at In that case we can calculate the modified Salam price
the time of signing the contract to receive the agreed quantity of contract P{ms} = 0, there is no payment for the cancelling.
good according to the classical Salam contract. If the price of the good at maturity is inside the interval [IEC]
St is the price of the good at maturity. the parameter β{[IEC]} takes the value 1 the additional
The expression of δ explains the difference between Salam sale amount P' is calculated according to the price of the good at
and ordinary sale. maturity St, and the good is delivered.
In the Salam sale the price Pr is paid at T=0 to receive the good at
maturity. D. Execution of the contract
In the ordinary sale the buyer pays the price St and receives the i. Steps :
good at the same time. The steps of execution of the profit and loss sharing contract
For the seller the expression of δ permit to quantify the are as follow:
difference of gain between the Salam and the ordinary sale. - At t=0 the buyer pays to the seller the future reduced
Using the equation (5) we subsitute the price of purchase of good price of the good Pr, and they agreed on the tolerance
P {pcpo} by the reduced price of good P r, to give the expression of price's variation p.
of the percentage of the variation of the price: - At the maturity
 case1: St is outside the interval of execution of the
 = {| S t - P r |}/{Pr} (7) contract [IEC], the seller returns back Pr to the
buyer, and the contract is cancelled.
Using equations (3), (6) and (7), we give the expression of the P'  case2: St is inside the interval of execution of the
the amount to be exchanged according to the principle of profit contract [IEC]. The contract is executed, the seller
and loss sharing: delivers the good to the buyer, and the amounts of
P' =  *  (8)
profit and loss sharing are exchanged according to
these next three possibilities:
o If Pr = St , P' is null, the expected future
The amount P' is paid by the buyer at maturity, if the price of the
reduced price of the good Pr is equal to the real
good is inside the agreed interval.
price of the good ST. There is no amount
This quantity can be positive, negative, or null, if it is positive the
exchanging.
seller receives the amount from the buyer, if it is negative the
o
buyer receives the amount from the seller, and if it is null no
If Pr > St, P' is negative, the seller pays the
amount is exchanged.
amount to the buyer.
o If Pr < St, P' is positive, the buyer pays the
ii. Determination of the interval of execution of the contract
amount to the seller.
In the article [2] the interval of the execution of the contract is
determined by maximizing the profit of the buyer and minimizing
ii. Table of Profit and Loss :
his loss.
If at maturity the prices don't permit to the buyer to make profit
Table 1: Profit and loss of Modified Salam contract
the contract is cancelled. The interval is controlled by the buyer.
In this work we are interested in profit and loss sharing equally PL of the PL of the
between the buyer and the seller, both parts controls the execution Cases Value underlying asset buyer seller
of the contract.
According to the article [14] the cancelling of the Salam contract Case1 S t < Pr *(1-p) 0 0
can be possible only if both parts agreed. Case2 P r* (1-p) <= S t < Pr Pr - St < 0 St - Pr > 0
To express this idea we introduce the percentage of tolerance of Case3 St = Pr Pr - St = 0 St - Pr =0
price's variation p which is determined by the agreement at the Case4 P r < St <= Pr*(1-p) Pr - St > 0 St - Pr < 0
beginning. Case5 St > Pr *(1+p) 0 0
The interval of execution of the contract can be given as
following:

[IEC] = [Pr * (1 - p1) ; Pr * (1 + p2)] (9) Numerical results


Where p1 is the tolerance rate of the lower bound and p2 is the In the following examples we consider the price of good at
tolerance of the upper bound. t=0 is S 0 = 100 DH and the maturity is t = 3 years. The
In the following we consider p1 = p2 = p. parameters PF, Pr, δ, ρ, P', and P{ms} are calculated

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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 2 (2016) pp 909-916
© Research India Publications. http://www.ripublication.com

respectively using the equations (1), (2), (6), (7), (8) and (10), and iii. Example3: St = 115 DH
the interval [IEC] is calculated using the equation (9). Table 4: S t > Pr the difference will be paid by the buyer as
case2 in the second example
A. Variation of the maturity St
The percentage of the tolerance p = 10 %. Parameters Case1(R1) Case2(R2)
The percentage of reduction is the Moroccan inflation rate
r=0,017, we consider that this rate is constant between T=0 and PF 109,814 113,6912
T=t. We will propose two possibilities of computation of the rate Pr 107,9422 111,7585
of return. [IEC] [97,1480;118,7364] [100,5826;122,9343]
δ 7,0577 3,2414
Case 1: The rate of return is calculated using the modified Black Ρ 0,0653 0,0290
and Scholes Model represented in Article[1], with the volatility P’ 0,4615 0,094
sigma = 0,3. We obtain R 1 = 0,0317. P{ms} 108,4037 111,8525

Case 2: The net rate of return of the Islamic Central Bank of


Malaysia according to the Framework of Rate of Return[17], R 2 iv. Example4: St = 150 DH
= 0,0437. The price of good at maturity St is outside the interval of
execution of the contract, the contract is cancelled and the
The rate of return can also be computed using chronological seller pays back the reduced price of the good Pr.
series as in [11].

i. Example1: St = 100 DH

Table 2: St < Pr the difference will be paid by the seller.

Parameters Case1(R1) Case2(R2)

PF 109,8014 113,6912
Pr 107,9422 111,7585
[IEC] [97,1480;118,7364] [100,5826;122,9343]
δ -7,9422 -11,7585
Ρ 0,0735 0,105 Figure 1: Profit of the buyer
P’ -0,5844 -1,2372
P{ms} 107,3579 110,5213

ii. Example2: St = Pr = 107,9422 DH

Table 3: St > P r the difference will be paid by the buyer, but in


Case1 St = Pr there is no profit and loss sharing amount
exchanged

Parameters Case1(R1) Case2(R2)


Figure 2: Profit of the seller
PF 109,814 113,6912
Pr 107,9422 111,7585
[IEC] [97,1480;118,7364] [100,5826;122,9343]
δ 0 -3,8163
Ρ 0 0,0341
P’ 0 -0,1303
P{ms} Pr = 107,9422 111,6242

Figure 3: Intersection of buyer’s and seller’s Profit

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Figure1 presents the variation of buyer's profit according to the


price of the good at maturity.

Figure2 presents the variation of seller's profit according to the


price of the good at maturity.

Figure3 presents the intersection of variation of buyer's and


seller's profit according to the price of the good at maturity.

We notice that there is an equal possibility of gain and loss


resulted by the using of the principle of profit and loss sharing, no
one of the parts of the contract controls the execution.
Figure 4: Profit of the buyer according to different
B. Variation of the percentage p
possibilities of tolerance rate
In the following we consider that:
In Figure4 the profit of the buyer can fluctuate according to
The maturity is t = 3 years. The price of good at t=0 is S 0 =
the tolerance rate, the more this rate is significant the more
100DH.
the profit and the loss are important.
We choose the rate of return given in article [1], calculated using
C. Comparison between Salam and modified Salam
the modified Black and Scholes model, considering the volatility
sigma = 0,3.

We calculate the future price of the good P F = 109,809 DH using


the equation (1)and the reduced price of good P r = 107,9422
using equation (2), p 1, p 2 and p 3 percentages of tolerance of
price's variation, Pr b is the profit of the buyer and Pr s the profit
of the seller.

Table 5: Table of results

Figure 5: Intersection of buyer's profit in Salam and


modified Salam

Figure 6: Intersection of seller's profit in Salam and modified


Salam

We use Figure5 and Figure6 to explain the difference


between Salam and modified Salam.
In the Salam the profit of the buyer and the seller is
unlimited. In the modified Salam this profit is limited by the
interval of the execution of the contract.
The intersection of those two contracts shows that the profit
deasn't change in the same interval of price's variation.

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Modified Salam Contract Extension To improve this work we are modeling Value Based Salam
The model of modified Salam contract includes two possibilities: contract.
the exchange of the good and the money if the price of the good at
maturity is inside the interval of the execution of the contract, or References
in the opposite case the cancellation of the transaction without
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In this section we propose an extension of the previous model Mourabaha'', Asian journal of applied sciences,Vol
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[ Pr + P'{Pr * (1 + p)}] +  {[Down]}* [ Pr + P'{Pr * (1 - p)}] General of the Supreme Commission for Sharia Of
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The traditional Salam contract permits the purchase of the good in sales, Salam'' (arabic), The Ministry of Justice of the
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[15] El-Gamal, ``Islamic Finance: Law, Economics, and
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