伊斯兰金融法律体系英语论文 [3]
论文作者:英语论文论文属性:短文 essay登出时间:2014-09-29编辑:zcm84984点击率:8017
论文字数:3443论文编号:org201409271714507835语种:英语 English地区:马来西亚价格:免费论文
关键词:Islamic finance伊斯兰金融金融法律伊斯兰教法
摘要:本文是旨在分析伊斯兰金融法律体系的一篇留学生论文,伊斯兰金融的概念是指遵守shrai或伊斯兰法律规定的金融交易。它在区分传统的伊斯兰金融融资方面有四个主要的原则:禁止利息(瑞芭),禁止投机买卖增加财富(马瑟尔)不确定性(加拉尔)以及所有的交易活动都要遵循允许的用途(清真)。
are not Shari'a complied transactions. There a solution for this case that has been adapted by some contemporary scholars. It is allowing the lessor to give a promise to gift or sale the asset at the end of the lease period. This promise must have the condition that the lessee will have completed his duties under the ijarah contract. This promise, in addition, must be in a single document and not in the same for the ijarah. It must as well be unilateral and not bilateral to avoid having a sale or gift contract for future date.
The long term leasing agreement 'rent'
The rent in this transaction should be consisting of part of the cost of the asset that the financial institution has purchased and the cost of the lease. It should be counted like that since at the end of the lease period the ownership of the asset will be transferred to the lessee. In this case he will have paid the cost of the asset and the benefit of the bank. The period of the ijarah transaction usually takes long time. During this period the economic situation would change a lot and it would not remain stable. For this purpose the amount of leasing should be change over the period. ijarah agreement under Islamic law gives the lessor two choices to chose from. The first option is that the lessor agrees with the lessee in the original contract of leasing that there will be an increase in the rent by a specific percent after a fixed period of time. For example, an increase of 5 percent of the rent every year. In The second option the lessor contract the lease agreement for a short period and then renew the lease for a different amount of money. In this case if the lessee agreed upon the new contract there will not be any problem. However, in case the lessee did not agree upon the new contract then the asset will go back to the owner who is the lessor, and he does not have the right to claim the lessee for not paying the rent or not agreeing with the new contract. In a long-term lease some modern scholars have stated that parties are allowed to agree to link the rent with a variable benchmark such as (LIPOR) that is famous and will-defined. As a result, there will not be any possibility of dispute. For example, if there is an increase of the tax rate, a lessor under this condition has the right to increase the amount of rent as the same percentage. Other scholars have disagreed with this opinion for some reasons. The first one is that any Islamic transaction should be away of the interest and should not be linked with its rate. so the transaction should be totally Islamic. Secondly, the rate of interest would be fluctuated during such long period of time. Then the rent which linked with it will be unknown. Unknown rent is an expressed conflict of the principles of Shrai'a law which is the prohibiting of 'Gharar'. Under Ijarah agreement the rent must be well known to both parties at the time of signing the contract. In addition, third group of scholars have a point of view that seems to be the solution. They state that to use a benchmark with avoiding 'Gharar' might happen in one situation. The party could agree on the use of a well-known benchmark with specifying the fluctuation by having a maximum percentage and a minimum one to be use as a guide of rate. For example, parties agree to increase the rent or decrease it according to the benchmark until 10 percent in case of increase and 5 percent in case of decrease. So if the rate has increased
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