http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
تعليقات في عقود المعاوضات وتطبيقاتها في عقد الإجارة المنتهية بالتمليك
al-Ta'liqat fi 'uqud al-mu'awadat wa-tatbiqatuha fi 'aqd al-ijarah al-muntahiyah bi-al-tamlik
International Islamic University Malaysia
This study seeks to discover Shariah principles for stipulated conditions (al-Ta'liqat) in Mu'awadat contracts. The study chooses to focus on stipulated conditions which are found in Al-Ijarah Al-Muntahiyah Bi Al-Tamlik products. It used the inductive, descriptive and analytical methods as means of collecting and analysing the scholars' views and discussions on the rulings of ta'liq in Mu'awadat contracts. The study is also an attempt to identify the products of Ijarah Al-Muntahiyah Bi Al-Tamlik which are used by Islamic banks and other financial institutions, and to bring out the various form of conditions which are found in these products. This study then, emphasizes on analysing those conditions in order to reveal the Shariah rulings for each condition and how they agree and disagree with maqasid and Shariah text. Based on this point, it attempts to draw out general Shariah principles for the stipulated conditions in Mu'awadat contracts. The study concludes that if the stipulated conditions are placed in the legitimate places, and not in the places of prohibition, and which do not contradict maqasid Shariah (the purposes of Shariah) and muqtadhâ aqd (the essential nature of a contract), and placing them in any agreements shall not result in what is prohibited, and the main purposes of bonding the conditions are to achieve advantages, to avoid harm and to seek benefits for both contracting parties, therefore, they are legal and permissible.
Thesis (MAIRKFQ)--International Islamic University Malaysia, 2014.
Includes bibliographical references (leaves 119-135).