الرهن وتطبيقاته المعلصرة في المؤسسات المالية الإسلامية: دراسة فقهية تحليلية /
The research aims to demonstrate the contemporary applications of mortgage (Rahn) in the Islamic Financial Institutions in Malaysia, and to study them in the light of jurisprudential analysis. This study comes to answer the following questions: what is the concept of Rahn, what is its ruling and...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2018
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8549 |
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| Summary: | The research aims to demonstrate the contemporary applications of mortgage (Rahn) in the Islamic Financial Institutions in Malaysia, and to study them in the light of jurisprudential analysis. This study comes to answer the following questions: what is the concept of Rahn, what is its ruling and what are its conditions, what are the modern Rahn and what are its legal provisions, what are the most important contemporary applications of Rahn in Islamic Financial Institutions, and how does it comply with the provisions of Islamic law, and what are the problems faced by Islamic Financial Institutions in applying the current mortgage (Rahn)? The researcher has followed a set of methodologies, which dealt with the subject. Through the inductive method, collection of data is made from classical and modern jurisprudence sources; and with the comparative method, a comparison and distinction between the preponderant and other views are conducted. Through the survey method, the researcher has conducted a series of personal interviews with some of the staff and officials in the department of Shari'ah and product development section of some Islamic Financial Institutions in Malaysia. The researcher also has used the analytical method to analyze the exemples of application of Rahn in Islamic Financial Institutions that were selected. The study is concluded with a number of findings, the most significant are: first, the classical jurists did not differentiate between the two mortgages (Rahn) - official and possessory - in their books, but it is mentioned in general. However, legal experts are the one who developed this transaction as a result of development in the system of creating security for the pledge item. Second, the difference between them is that in the possessory mortgage the pledged property will remain in the hands of the mortgagee until he/she meets its right. As for the official mortgage, the pledged property remains in the hands of the pledger. The mortgagee has the right to receive his/her right from the price of the mortgaged property. Third, Islamic Financial Institutions in Malaysia use mortgage (Rahn) in financing through the combination of several Shari'ah contracts, and the mortgage (Rahn) appears in them as a collateral for financing, and it is permissible to combine contracts, except if there is contradiction among them. Fourth, the study has found out that the mortgage (Rahn) is also one of the most important means of hedging against the risks which are involved in financing. This mechanism has been applied in various forms in some Islamic Financial Institutions in Malaysia. Some of these models are compatible with the provisions of the Shari'ah, and some of them need to be considered and studied further because it contains some of Shari'ah irregularities, such as the Ar-rahnu project. The researcher has proposed some solutions for the treatment of these violations, and proposed some recommendations. |
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| Physical Description: | [xii], 120 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 102-115). |