التعليل المقاصدي وأثره في بيع المرابحة للآمر بالشراء /
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
al-Jami'ah al-Islamiyah al-'Alamiyah,
2012
Kuala Lumpur : Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2012 |
| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/11349 |
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| LEADER | 049480000a22004330004500 | ||
|---|---|---|---|
| 008 | 130206s2012 a f m 000 0 ara d | ||
| 040 | |a UIAM |b eng |e rda | ||
| 041 | |a ara | ||
| 043 | |a a-my--- | ||
| 084 | |a BPH321.6 | ||
| 100 | 1 | |a رحمن، حبيب | |
| 242 | 1 | 3 | |a al-Ta'lil al-maqasidi wa-atharahu fi bay' al-murabahah lil-amir bi-al-shira' |
| 245 | 1 | 2 | |a التعليل المقاصدي وأثره في بيع المرابحة للآمر بالشراء / |c إعداد، حبيب الرحمن |
| 260 | |a Kuala Lumpur : |b al-Jami'ah al-Islamiyah al-'Alamiyah, |c 2012 | ||
| 264 | 1 | |a Kuala Lumpur : |b Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, |c 2012 | |
| 300 | |a [x], 103 leaves : |b illustrations ;| |c 30cm. | ||
| 336 | |a text |2 rdacontent | ||
| 337 | |a unmediated |2 rdamedia | ||
| 337 | |a computer |2 rdamedia | ||
| 338 | |a volume |2 rdacarrier | ||
| 338 | |a online resource |2 rdacarrier | ||
| 347 | |a text file |b PDF |2 rdaft | ||
| 500 | |a Abstracts in English and Arabic. | ||
| 500 | |a "بحث متطلب مقدم لنيل درجة الماجستير في معارف الوحي والتراث (الفقه وأصول الفقه)."--On title page. | ||
| 502 | |a Thesis (MAIRKFQ)--International Islamic University Malaysia, 2012. | ||
| 504 | |a Includes bibliographical references (leaves 95-103). | ||
| 520 | |u This thesis comprises both juristic and fundamentals of legal theory research. It deals with the topic of cost-plus sale to the person ordering original purchase (murabahah Ii al-amir bi al-shira") by analyzing it according to maqasid-based legal reasoning and ratiocination. Islamic banks have emerged as an alternative to the conventional interest-based banking system. In spite of the theoretical focus of these scholars on musharakah, mudarabah and other related forms as the real basis for practice in Islamic banks in order to achieve the higher objectives of Shari'ah regarding the creation of wealth and its circulation through different forms of commenda and venture partnerships, murababah li al-amir bi al-shira' has become a dominant mode of financing in Islamic banks, which is a kind of debt financing. Therefore, an increasing number of scholars have expressed their discontent and doubts regarding the dominant use of murabahah Ii al-amir bi al-shira' for juristic and economical reasons, having to do with the inadequacy of this kind of transaction to fulfill the Shari'ah objectives. The research has been divided into four chapters; the first chapter dealt with the methodological approaches. In Chapter Two, the researcher attempts to expand on explicating and clarifying the notion of maqasid-based legal reasoning and ratiocination (ta'lil maqasidi). This has been done by applying both inductive and analytical approaches to highlight this concept by studying the opinions of different contemporary scholars who have discussed ijtihad maqasidi and related issues. In Chapter Three, the concepts of murabahah in general and murabahah Ii al-amir bi al-shira in particular were discussed. Accordingly, the different types of this sale as applied in Islamic banks were analyzed. This was done in order to evaluate the types of this sale from the point of view of the higher objectives of Shari'ah in finance elaborated earlier. The research arrived at a number of findings, the most important of which is that murababah Ii al-amir bi al-shira as a mode of financing does not rise to the ideal model concept of Islamic finance. In addition, even though it is permissible in principle, this mode of financing does not lead to the realization of the ideal higher objectives of Shari'ah like justice, circulation of wealth in more hands possible, avoiding creation of debt, nor does it produce added value in the economy of Islamic societies. Among the findings is the fact that debt financing is discouraged by the Shari'ah. Therefore, Islamic financial institutions should reduce practicing this kind of sale and promote equity based financing like musharakah and mudarabah, as they have direct relationship with real investment and production in terms of promoting wealth creation. | ||
| 650 | 7 | |2 icsi |a Bay' al-murabahah lil-amir bil-shira' | |
| 650 | 7 | |a Banks and banking, Islamic |x Microfinance | |
| 650 | 7 | |a Finance, Islamic |x Maqasid al-shari'ah | |
| 655 | 7 | 0 | |a Theses, IIUM local |9 64 |
| 690 | |a Dissertations, Academic |x Department of Fiqh and Usul al-Fiqh |z IIUM |9 3524 | ||
| 700 | 1 | |a Rahman, Habibur |e author | |
| 710 | 2 | |a International Islamic University Malaysia. |9 3527 |b Department of Fiqh and Usul al-Fiqh | |
| 856 | 4 | |u http://studentrepo.iium.edu.my/handle/123456789/11349 | |
| 900 | |a naw-syl-nbm | ||
| 942 | |2 ICSI |n 0 |c THESIS | ||
| 999 | |c 437907 |d 468682 | ||
| 952 | |0 0 |1 0 |2 ICSI |4 0 |6 T B P H 00321.00006 R00346T 02012 |7 3 |8 IIUMTHESIS |9 758582 |a IIUM |b IIUM |c THESIS |d 2023-10-05 |g 0.00 |o t BPH 321.6 R346T 2012 |p 00011279184 |r 2018-10-01 |t 1 |v 0.00 |y THESIS | ||