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and conventional leasing in regard to the potential risks

Many differences are existing in between the conventional leasing and Ijarah. One of the main differences is the damage or destruction. In the conventional leasing the lessee is liable even though the cause is beyond his control whereas in Ijarah the owner of the asset will face the loss in such situation. Moreover, the insurance of the leased asset should be independent of the lease contract and should be paid and arranged by the lessee in the conventional lease. Hence, any clime related to insurance should be faced by the lessee. In Ijarah the owner is ought to arrange and pay for the Takaful insurance. However, the lessor can add this cost to the rent by agreement with the lessee to cover this expense. Accordingly, any dispute related to the Takaful insurance should be looked at by the owner since he is the party of this contract. In case of destruction the Islamic bank will stop charging the lessee for rent since the usufruct does not exist. In Ijarah contract the lessee pay rent for buying the usufruct from the owner of the asset for a specific period. So, if the usufruct does not exist there is no need of paying rent. In conventional leasing the lessee must pay the rent for the whole period regardless that there is no usufruct exists.

Mitigation of the risks in Ijarah

As discussed in the previous paragraph, there many kind of risks that might appear in regard to Ijarah transaction. One risk might rise at the beginning of the transaction that the customer refuses to rent the asset after the bank purchasing them for the purpose of lease. In order to mitigate this risk, two options might be obtained. First, the customer should give a promise to the bank to lease the appointed asset that will be bought by the bank. Second, the bank can sell the asset to a third party and clime the customer for the actual loss under the Islamic principle 'Hamish Jiddiah'. In case of late payment or default of paying the rent due, the bank could include the term stated earlier in this essay under the sup-title 'late payment penalties' to avoid late payment. Thus, in the situation of default of paying the installment due, the bank has the right to take back the asset and sell it in the market and go back to the lessee under 'Hamish Jiddiah' for the loss. Other risks should be pared in minds which are the risk of destruction, maintenance and the rate. In case of destruction the bank should manage insurance upon the asset by Takaful facility. However, if the harm occurs to the asset has been caused by a misuse on negligence from the lessee; he will be liable for compensation. The bank could mitigate the maintenance risk by managing a periodic maintenance and the costs of them could be added to the rent of lease by a term agreed upon by the parties in the leasing contract. The mitigation of the fluctuated rate risk has been discussed earlier in this essay under the sup-title 'the long term leasing agreement 'rent'. IBT are highly recommended to follow the ways of mitigating the risks that might appear upon their signing an ijarah contract as an Islamic choice of financing the purchase of the aircrafts.

The choice of law

In regard to the governing law in this transaction there are two situations of applying the Shrai'a law as the governing on. First, in England, writing a clause that states impliedly that the governing law is