An Appraisal Of Al-Ijarah Al-Mawsufah Fi Al-Dhimmah (Forward Ijarah) From Fiqh Perspective

Conference Paper

An Appraisal Of Al-Ijarah Al-Mawsufah Fi Al-Dhimmah (Forward Ijarah) From Fiqh Perspective

Abu Talib Mohammad Monawer

Akhtarzaite Abd Aziz

Abstract

Al-Ijarah Al-Mawsufah Fi Al-Dhimmah (Forward Ijarah) is a new form of transactions introduced to the Islamic banking industry which has original ground in the classical books of Islamic Jurisprudence. Most of the classical scholars discussed it with particularized ijarah in parallel without any separation of chapters or headings unlike al-Bahuti and al-Minhaji. The scholars of four schools of Islamic Law are unanimously agreed on the legality of forward ijarah albeit some contemporary scholars mention the early dispute in this regard and attribute prohibition of forward ijarah to Hanafi School. This attribution is not accurate as it is proved by their many classical texts. Forward ijarah could be more flexible for both customers and banks to the extent that it does not become void if the stipulated usufruct damages while particularized ijarah becomes void because of damage of the object. Therefore, there is a need for further research in this regard in order to innovate some new tools that can improve the services of Islamic financial intuitions.

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Suggested Citation

Abu Talib Mohammad Monawer. "An Appraisal Of Al-Ijarah Al-Mawsufah Fi Al-Dhimmah (Forward Ijarah) From Fiqh Perspective" Towards an Integrated Framework for Authentic Juridical Construction (2012): 1-33. Available at: http://works.bepress.com/monawer/1

"An Appraisal Of Al-Ijarah Al-Mawsufah Fi Al-Dhimmah (Forward Ijarah) F" by Abu Talib Mohammad Monawer, et al.