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more than 10 percent, the increased rent which will apply is just 10 percent and the same with decrease.

Late payment's penalties

Unlike the conventional financial system which allows a lessor to require interest for late payment, this way is completely not complied with shrai'a law. The reason for that is the interest that has been taking from the lessee for late payment is the 'riba' which is expressly prohibited in Quran. In this case how a lessee should be encourage to pay on time or threatened to pay late. Some contemporary scholars have advanced a way which seems to be solution. They allow the lessor to take some money which is extra than the rent if the lessee pay late and spend them for a charity proposes. The extra amount of money that the lessee will pay might be different according to the period of time. A clause might be included in the agreement states that: 'The Lessee herby undertakes that, if he fails to pay rent on its due date, he shall pay an amount calculated at ?. Per cent per annum to the charity fund maintained by the Lessor which will be used by the Lessor exclusively for charitable purposes approved by the Shrai'ah and shall in no case form part of the income of the Lessor' Such a clause would be pontifical for the lessor to prevent a possibility of a late payment from the lessee and it is allowed in Islamic law. Applying the terms and conditions of the transaction to the case In the case there are four parties The Islamic Bank of Translavia (IBT), East Airlines (EA) and Universal Airways (UA). IBT is considering entering into an ijarah transaction eith EA. Under this transaction the bank will advance US$50 million to buy 4 aircrafts that owned and operated by UA. In order to advice the bank in this transaction and to have the approval of the Bank's Shrai'a supervisory Board, some issues must be highlighted and indicated. firest, the assets have been already specified from the UA which are the four aircrafts. UA must promise the bank that they will rent the assets after purchasing them. IBT is highly recommended to appoint UA on behalf of them to purchase the aircrafts to avoid the hassle upon this transaction and to make sure that they are suitable for UA's use. When the bank owns the aircraft the Ijarah contract must be signed between IBT and UA. In this case we should examine that the rules of the leasing in this transaction. The assets which are the four aircrafts are valuable and cannot be consumed at the end of the leasing period so they will remain the same. IBT is the owner of the aircrafts and there will be a clear period of renting. Moreover, the rent should include the cost of the aircrafts and the benefit and they should be divided according to the period of renting. The risks upon IBT as an owner of the aircrafts will be discussed later on this essay as well as the ways of mitigating them under Ijarah agreement as an Islamic financial technique. As a solution of the Ijarah rate the benchmark way with limitations is highly recommended to be used since it has a high percentage of certainty and it is the way which with the 'Ghara' would be avoided. IBT is advised to include a condition like the one in the late payment section in the contract to make the lessee under the pressure of paying more money than what is orgenally required.In addition, a promise from IBT should be written in a separate document than the lease contract.

The differences between Ijarah