文章基本信息

标题：Takyif Fiqhi on the Permissibility of Ijarah Mawsufah fi al-Dhimmah: A Critical Analysis
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作者：Abu Umar Faruq Ahmad ; Abu Talib Mohammad Monawer ; Lukman Ayinde Olorogun 等
期刊名称：International Journal of Islamic Thought
印刷版ISSN：2232-1314
出版年度：2020
卷号：17
页码：1-14
DOI：10.24035/ijit.17.2020.165
语种：English
出版社：Universiti Kebangsaan Malaysia
摘要：Ijarah mawsufah fi al-dhimmah (hereinafter referred to as IMAD),also known as forward ijarah¸ is an Islamic financial product that involves the sale of an identified asset currently being produced or constructed for a future delivery such as a property,office,factory,and so forth. In the classical fiqh literature,it has been discussed under the general purview of leasing and forward sale contracts. However, in the context of modern Islamic finance practice Islamic banks and financial institutions have upheld its usage as an independent financial instrument. The contemporary scholars claim that except for Hanafi,other key fiqh schools consider IMAD as an Islamic financial product. The study is an attempt to prove that such a claim is merely based on assumption. Besides,it is motivated by lack of holistic study of Hanafi’s original reference books. The methodology chosen for this study is content analysis of the relevant published literatures. The study finds that no classical scholars including those of Hanafi school of thought were in disagreement so far over the IMAD to consider it as an independent and standalone Islamic finance product. The study aims at reconciling scholars’ different views on the issue of IMAD for its wider acceptance..
关键词：forward lease;ijarah;ijarah mawsufah fi al-dhimmah;IMAD;Islamic finance