The Islamic world is in its evolutionary phase. Islamic finance whichcomprises the banking system, takaful (Islamic insurance) and capital market productsand services offer an alternative to society. The development is said to bephenomenal with a double-digit annual growth rate since its inception. McKinsey & Company (2007) in his study stated thatthe value of Islamic banking assets and assets under Islamic management isexpected to reach USD1 trillion by 2010, with Islamic banks growing morerapidly than the average banking sector in most countries. As of 2009,worldwide assets under shariah compliance grew four times from 0.5% to 2% ofthe world economy and reached MYR3.5 trillion (PEMANDU,2010). With the increasing trends of Islamic finance, Islamic financialinstitutions (IFIs) around the world are encouraged to develop and innovate newproducts in order to meet the ever-changing demand from its customers andpotential customers. The introduction of new Islamic products does impose somechallenges, not only to the practitioners and Shariah council members, butalso to society at large, as they are the ultimate users of the product. Thispaper aims to look at the development and regulations of new Islamic banking productswith focus given more on Islamic house financing. Such developments bring aboutvariation in the products introduced to the public as different contracts are adopted.The focus will be mainly on IFIs operating and regulated in Malaysia withspecific enforcement by the countrys regulators.

<span>The Maqasid-oriented approach in Islam demonstrates the Muslims commitment to uphold the authenticity of Islam as a religion and a complete way of life (ad-din). Maqasid Shariah is a transparent tool to outline and clarify the effective extent of the rights and responsibilities of the Mukallaf (servant of Allah) towards each other. Ignorance on Maqasid Shariah in Islamic business transactions, particularly for Islamic house financing led to misinterpretation, disruption, chaos, and trivial conflicts among the contracting parties. This paper discusses the implementation of Bai Bithaman Ajil (BBA) and Musharakah Mutanaqisah (MM) Home Financing instruments as practiced in Malaysia using the method of Imam al Shatibi. This paper concluded that a sound understanding of the knowledge, goals, and objectives of the Shariah at every level of a contract involving parties to a sale and purchase in Islamic Home Financing would enable improvement in practice through ijtihad (collective decision or general consensus). The Maqasid Shariah (the objective of Islamic Jurispudence) is adequate to provide the appropriate vehicle and procedure for the fulfillment of rights and responsibilities of contracting parties, thereby eliminating all sorts of financial criminology in trading and business (Kamali, 2002).</span>

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