Ijarah Case Study

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RISK INVOLVE IN IJARAH
Al- Ijarah Thumma Al-Bay (AITAB) is the contemporary innovative product that specifically designed for Islamic hire-purchase facility with compliance with Sharia principle (Aisyah Abdul Rahman. 2009). Despite the compliance offered by Sharia, Ijarah finance has faced some debatable issue in practicing AITAB in banking system plus, there is no Islamic hire-purchase act to regulate and protect these products. Some scholar also have questioned about the purchase price that are not really, since it already taking into account of the value asset and market condition. AITAB also appear to be similar to a conditional sale in which the owner has to sell the leased asset to the hirer in any situation. (Belder.2004; Saiful Azhar. 2008; Hashim. 2012). However, there is an explanation that AITAB were strictly aimed to protect the owner from the risk default since him as the owner will hold the title of the asset ownership until the lessee made a full payment of the asset that has been leased.
According to study by Hashim et al. (2012) which have mentioned four issues related to the Fiqh matters is the ownership, maintenance liability, penalty and legal treatment. Regarding the ownership, the bank or the owner supposedly to face risk, liabilities and responsibility of the leased asset. Unfortunately, banks would attempt to avoid the transfer of ownership in any possible way. Second is when the owner of the asset supposedly remains liable for basic maintenance even though this term is often difficult to differentiate with clarify from the operational maintenance in which is the responsibility of the hirer (Belder. 2004 ). Next is when the penalty that will be imposed for default payment where in reality default payments...

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... in his presentation that the usufruct is specified by making clear the specification of its source. If a specific tangible asset is leased, then the usufruct will be realized from the specific thus, if it is destroyed the lease become null. However, in reality the bank charged the leassee to pay a certain amount to terminate the contract which is consider as a penalty as the leassee not taking seriously when entering the contract.
Even though most of the jurist and scholar have agreed upon the permissibility of leasing (Abdul Rahim al-Saati.2003). The concept of AITAB that has been introduced seems to duplicate the conventional product, concept, procedure for hire-purchase finance instead of the existing Ijarah concept. However, this concept obviously against the theory of Islamic concept which competing the usury as his own game (Mahmood Mohamed Sanusi. 2012).

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