The application of Al-Rahn in Bank Islam Brunei Darussalam (BIBD) : an analysis from fiqh perspective
The main focus of this study is to analyze the operation of the pledged property in al-rahn products of Bank Islam Brunei Darussalam (BIBD) so as to verify its operation whether it is in accordance with the principle of Shari@Ñah. The study used qualitative method which consists of library based and...
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| Format: | Thesis |
| Language: | English |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2013
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| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
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| Summary: | The main focus of this study is to analyze the operation of the pledged property in al-rahn products of Bank Islam Brunei Darussalam (BIBD) so as to verify its operation whether it is in accordance with the principle of Shari@Ñah. The study used qualitative method which consists of library based and field work research. This research dealt with the analysis from fiqh perspective on the operation of safekeeping fee, change of the value of the pledged property, restructuring of facility, redemption and auction of the pledged property that are practiced in BIBD. The study discovered that most of the applications in the operation of the pledged property in al-rahn products are permissible and lawful in Islamic law except on a few matters that needs to be reviewed and amended for improvement and rectification. The study has found that the concept of wadi@Ñah yad d}amanah applied in al-rahn product need to be reviewed as it overtook the principle of al-rahn itself. Besides that, the safekeeping fee which is for the services rendered in keeping and maintaining the pledged property in good condition must be based on the concept of ujrah. The documentation of al-rahn must also include a clause on the liability of the parties in case of loss or damage of the pledged property. Furthermore, the 'aqd for the pledged property in al-rahn products which act as a security for the financing must insure the principal financing and any amount of safekeeping fee, not just insure the principal financing as stated in the current certificate of al-rahn. A few best practices are recommended so as to maximize the operation of al-rahn products to be more considerate, efficient and marketable so that not only Muslims will benefit from the products but also non-Muslims. |
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| Physical Description: | xvi, 134 leaves : illustration. : 30cm. |
| Bibliography: | Includes bibliographical references (leaves 126-134). |