دور الرهن في إدارة المخاطر لدى المصارف الإسلامية /
Islamic banks play a pivotal role in the economic operations and transactions, and as a result they achieve high goals and tremendous progress. Yet they are exposed to many dangers and perils that threaten them as a whole and, this requires collective effort to put into place appropriate measures to...
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| Format: | Thesis |
| Language: | Arabic |
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| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9984 |
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| Summary: | Islamic banks play a pivotal role in the economic operations and transactions, and as a result they achieve high goals and tremendous progress. Yet they are exposed to many dangers and perils that threaten them as a whole and, this requires collective effort to put into place appropriate measures to counter those dangers and risks. This study investigates mortgaging as an essential tool to manage and minimize those dangers and risks in Islamic banks. Although numerous works have been executed on the subject of risk management, there is still a need to explore it due to its importance. The study focuses on displaying the true nature and rules of mortgaging in Islamic jurisprudence, with particular attention to the opinions of jurists and their proofs in a legal provision concerning the profit of a mortgagee when dealing with mortgaged capital asset. It also discusses the new forms of mortgaging and their legal provisions. The study further deals with the concept of risks, their types and the significance of their management in Islamic banks. The role of mortgaging in managing and in reducing those risks is also demonstrated. Finally, it investigates the experiences of some Malaysian banks that implement mortgaging for this purpose. The study employs inductive methodology to examine thoroughly the legal provisions of mortgaging in Islamic Jurisprudence, and in the works written on risk management. It also compares and criticizes the diverse juristic opinions on the subject. Data collection from the field is also executed in this study through questionnaires to examine practical examples of mortgaging in some Islamic banks, and to analyze these practices in light of Islamic Jurisprudence. The study arrives at the conclusion that these banks indeed implement mortgaging in line with Islamic law, however, they do not deal with some incipient or new mortgages, and as a result a mortgagee does not earn profit when dealing with mortgaging. With this in view, the study recommends the permissibility in dealing with those mortgages and the permissibility of profiting from the mortgaged asset within the time of mortgaging, provided that all conditions involved are fulfilled. |
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| Item Description: | Abstracts in English and Arabic. "بحث تكميلي مقدم لنيل درجة الماجستر في معارف الوحي والتراث (قسم الفقه وأصول الفقه)."--On t.p. |
| Physical Description: | [x], 247 leaves ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 219-247). |