القبض الحكمي في عقود الصرف الإلكتروني : بيع الذهب والفضة في شركة ببليك جولد أنموذجا /
Islam took a great concern in the issue of exchange and set its own rules and regulations, especially when dealing with gold and silvers transaction. One of the main conditions in the issue of exchange is that the property should be possessed by both of the parties to avoid from falling into forbidd...
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2019
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8631 |
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| Summary: | Islam took a great concern in the issue of exchange and set its own rules and regulations, especially when dealing with gold and silvers transaction. One of the main conditions in the issue of exchange is that the property should be possessed by both of the parties to avoid from falling into forbidden riba. In this modern time, the practice of possession is no longer like the ordinary transactions which are performed on a spot basis, rather it has turned to be a widespread technical and machinery process involving various methods with respect to their own rules. These are the reasons where many banks and Islamic Financial Institutions resorted to conduct their operations and products based on the Shari'ah requirement and performing possession in sarf according to that requirement. The study aims to illustrate the methods and current practice of constructive possession which are applicable by Public Gold Snd. Bhd. as one of the Financial Institutions dealing with gold and silver in Malaysia and the outline of its juristic formulation (al-Takyif al-Fiqhi). This study adopts several methodological approaches which are analytic, descriptive and field study approach by conducting interview with the three Shari'ah advisors. This interview was participated by the senior industry players from shari'ah background with more than 7 years of experience in the industry. This study indicates that the constructive possession in Public Gold took place after the deposition of money by the first party and the transfer of gold by the second party. Meanwhile, both of the parties have ability to make any necessary transactions dealing with their respective properties. The contract that has been implied in the process gold and silver storage is wadi'ah contract. The major finding of this study includes that the constructive possession which has been implied by this company is in line with Shari'ah compliance and meet the requirement of Shari'ah Standards prescribed by The Accounting and Auditing Organization for Islamic Financial Institutions (AAOFI) and Department of Islamic Development (JAKIM). |
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| Physical Description: | xii, 167 leaves : illustrations. ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 153 - 166). |