صكوك الإجارة: دراسة تحليلية نقدية في ضوء مقاصد الشريعة /

This work researches one of Shari'ah's alternative to conventional bond which is "Ijarah Sukuk", and analyses it critically in light of Maqasid al-Shari'ah. This is to show how Ijarah Sukuk corresponds with the objective of Shari'ah in relation to the financial transact...

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Bibliographic Details
Main Author: بتورى، حبيب الله حسن
Format: Thesis
Language:Arabic
Published: Kuala Lumpur : Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2017
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Online Access:http://studentrepo.iium.edu.my/handle/123456789/9015
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Summary:This work researches one of Shari'ah's alternative to conventional bond which is "Ijarah Sukuk", and analyses it critically in light of Maqasid al-Shari'ah. This is to show how Ijarah Sukuk corresponds with the objective of Shari'ah in relation to the financial transactions or money, and to know how it corresponds with the fundamentals of Shari'ah. The researcher discusses the topic in five chapters. The first presents the background of the research. Then the meaning of Ijarah Sukuk, its characteristics and the significant difference between it and conventional bond are explained in Chapter Two. The special Maqasid related to Ijarah Sukuk is given in Chapter Three. He also discusses the types of Ijarah Sukuk and its Islamic principle in Chapter Four. Lastly, the problematic issues in Ijarah Sukuk in light of Maqasid al-Shari'ah are examined. The study used extrapolation and analytical methods in studying this topic. It used the inductive method to generate the related materials and ideas of classic Muslims and modern scholars on this topic, then the analytical method to elaborate and arrange the ideas of the scholars to examine how it can fulfil the Maqasid al-Shari'ah in order to reach the suitable Islamic principle for the issues of this study. The study found the following: the concept of sale and leaseback which is among the issues debated in Ijarah Sukuk, the issue of ownership of Sukuk holders in Ijarah Sukuk which are considered as problematic issues in Ijarah Sukuk, whereby if the products of Ijarah Sukuk are not examined in the framework of Maqasid al-Shari'ah it will not be totally in compliance with Islamic principles because it breaks the objectives of immutability (Maqsad al-Thabat) and the objectives of justice or equality (Maqsad al-'adl).
Physical Description:[xii], 183 leaves ; 30cm.
Bibliography:Includes bibliographical references (leaves 163-183).