The application of constructive possession (qabd hukmi) in islamic financial contracts

Qabd (taking possession) is a fundamental element to acquire the subject matter in sale and purchase contracts as well the other financial contracts. Qabd represents an integral part in any exchange-based contract (‘uqud al-mu’awadhah) and charity-based contract (‘uqud al-tabarru’at) in which a fail...

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Main Author:	Abdul Wafi, Samsurrijal
Format:	Thesis
Language:	eng eng
Published:	2022
Subjects:	HG Finance
Online Access:	https://etd.uum.edu.my/10239/1/s827993_01.pdf https://etd.uum.edu.my/10239/2/s827993_02.pdf
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id	my-uum-etd.10239
record_format	uketd_dc
spelling	my-uum-etd.102392023-01-25T00:42:16Z The application of constructive possession (qabd hukmi) in islamic financial contracts 2022 Abdul Wafi, Samsurrijal Abdul Rahim, Ahmad Khilmy Islamic Business School Islamic Business School HG Finance Qabd (taking possession) is a fundamental element to acquire the subject matter in sale and purchase contracts as well the other financial contracts. Qabd represents an integral part in any exchange-based contract (‘uqud al-mu’awadhah) and charity-based contract (‘uqud al-tabarru’at) in which a failure to accomplish this important part will hinder the completion of a contract due to the invalid possession of respective subject matter. Given the nature that contemporary transactions are mostly applicable to constructive possession (qabd hukmi) and not widely applicable to the real possession (qabd haqiqi). However, the actual practice of constructive possession encounters several cruxes of issues that threaten its validity such as the impediment on the right of disposal (haq altasarruf), partial of takhliah and tamkin (relinquishment and full access) and unparallel concept between physical and constructive possession that hit the nature of Islamic finance and banking. The research carries objectives to examine the meaning of qabd hukmi from the view of fiqh, its application in the contemporary Islamic financing products and the issues arise upon the implementation of qabd hukmi. This research was assisted by in depth examination on classical fiqh literatures as its basis to extract the intended meaning of qabd hukmi. A qualitative approach was used as the research method and the data collected is gained through the interview. The data was classified and arranged to the respective themes through the coding methods. Ultimately, the research provided suggestions and recommendation that have been seen as a mechanism from the researcher’s perspective to resolve the dispute in the case of constructive possession and encourage the stakeholders of the Islamic finance and banking to evaluate, mitigate and improve the related matters. 2022 Thesis https://etd.uum.edu.my/10239/ https://etd.uum.edu.my/10239/1/s827993_01.pdf text eng 2024-03-29 staffonly https://etd.uum.edu.my/10239/2/s827993_02.pdf text eng public other masters Universiti Utara Malaysia
institution	Universiti Utara Malaysia
collection	UUM ETD
language	eng eng
advisor	Abdul Rahim, Ahmad Khilmy
topic	HG Finance
spellingShingle	HG Finance Abdul Wafi, Samsurrijal The application of constructive possession (qabd hukmi) in islamic financial contracts
description	Qabd (taking possession) is a fundamental element to acquire the subject matter in sale and purchase contracts as well the other financial contracts. Qabd represents an integral part in any exchange-based contract (‘uqud al-mu’awadhah) and charity-based contract (‘uqud al-tabarru’at) in which a failure to accomplish this important part will hinder the completion of a contract due to the invalid possession of respective subject matter. Given the nature that contemporary transactions are mostly applicable to constructive possession (qabd hukmi) and not widely applicable to the real possession (qabd haqiqi). However, the actual practice of constructive possession encounters several cruxes of issues that threaten its validity such as the impediment on the right of disposal (haq altasarruf), partial of takhliah and tamkin (relinquishment and full access) and unparallel concept between physical and constructive possession that hit the nature of Islamic finance and banking. The research carries objectives to examine the meaning of qabd hukmi from the view of fiqh, its application in the contemporary Islamic financing products and the issues arise upon the implementation of qabd hukmi. This research was assisted by in depth examination on classical fiqh literatures as its basis to extract the intended meaning of qabd hukmi. A qualitative approach was used as the research method and the data collected is gained through the interview. The data was classified and arranged to the respective themes through the coding methods. Ultimately, the research provided suggestions and recommendation that have been seen as a mechanism from the researcher’s perspective to resolve the dispute in the case of constructive possession and encourage the stakeholders of the Islamic finance and banking to evaluate, mitigate and improve the related matters.
format	Thesis
qualification_name	other
qualification_level	Master's degree
author	Abdul Wafi, Samsurrijal
author_facet	Abdul Wafi, Samsurrijal
author_sort	Abdul Wafi, Samsurrijal
title	The application of constructive possession (qabd hukmi) in islamic financial contracts
title_short	The application of constructive possession (qabd hukmi) in islamic financial contracts
title_full	The application of constructive possession (qabd hukmi) in islamic financial contracts
title_fullStr	The application of constructive possession (qabd hukmi) in islamic financial contracts
title_full_unstemmed	The application of constructive possession (qabd hukmi) in islamic financial contracts
title_sort	application of constructive possession (qabd hukmi) in islamic financial contracts
granting_institution	Universiti Utara Malaysia
granting_department	Islamic Business School
publishDate	2022
url	https://etd.uum.edu.my/10239/1/s827993_01.pdf https://etd.uum.edu.my/10239/2/s827993_02.pdf
_version_	1776103772611674112

The application of constructive possession (qabd hukmi) in islamic financial contracts

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