Definition Of The Al Ijarah Thumma Al-Bay (AITAB)

2117 Words5 Pages

1.1 Definition of the Al- Ijarah Thumma Al- Bay' (AITAB) Under common law, a hire-purchase transaction is a contract whereby one party that is "the owner" leases goods on "hire" to "the hirer" and agrees that the hirer may either return the goods when he no longer needs them and terminate the lease, or elect to purchase the goods on completion of the necessary payments agreed in the contract (Salleh Buang, 2001). In simple words, a hire-purchase transaction is lease and has an option to buy at the end of contract but must to fulfill all the conditions during the period of contract. While, according to Nurhidayah (2009) it's just a rental contract when the intention is to hire without using the options provided. As long as the rental contract exists, lessor is the ownership of the property, unless it has handed over to the lessee. Hire purchase also bring meaning of an owner of goods can let his goods to the hirer for a periodical payment known as rent and can give an option to the hirer to buy the goods. The option can be exercised at the end of the rental period or within the rental period. In this case, the hirer has to pay a purchase price and the purchase price would be determined based on the provisions in the hire purchase agreement. …show more content…

The Academy has allowed a combined ijarah and sale transactions involving the same subject matter. In addition, a fatwa passed by the International Association of Muslim Scholars has ruled that a valid Islamic hire purchase should consist of an ijarah contract and gift (hibah), which shall follow three conditions. The conditions consist of the period of ijarah must be precisely specified and its rules must be observed during that period, then the amount of periodic payment must be fixed and lastly, transfer of ownership from the owner to the lessee is made effective by way of gift at the end of the ijarah

More about Definition Of The Al Ijarah Thumma Al-Bay (AITAB)

Open Document