المخارج في تمويل الشركات في بيت التمويل الكويتي بماليزيا : دراسة تحليلية تقويمية /
The reason for the establishment of Islamic banks is to provide banking services in a manner consistent with the Shari'ah. This research aims to examine and identify the origins of how Islamic scholars understood and worked with maharij. The researcher has chosen study the practical application...
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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,
2019
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9760 |
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| Summary: | The reason for the establishment of Islamic banks is to provide banking services in a manner consistent with the Shari'ah. This research aims to examine and identify the origins of how Islamic scholars understood and worked with maharij. The researcher has chosen study the practical application of maharij by analyzing the Kuwait Financial House in Malaysia (KFH Malaysia). Several research methodologies were used throughout the course of this study, the first being the inductive method. The researcher utilized this methodology by collecting and analyzing contemporary and historical resources, especially those books from the Maliki and Shafi'i legal schools. The second methodology, the analytical approach, was used to study the the opinions of Islamic scholars and other specialists on the issue of maharij and what is related to it generally, and it was used to describe and evaluate banking transactions specifically by looking into the practices of KFH Malaysia. The third method, the field study method, was used to interview bank officials in order to uncover how exactly the KFH Malaysia functions. Specialists in the area of Islamic finance were also interviewed in order help get a more composite picture. The researcher arrived at the conclusion that banks rely on a number of formulas and corporate finance contracts depending of the type of companies and their demands. Working with al-tawarruq is considered fraudulent and not a makhraj, and that the financing of corporate capital by means of subleasing, which is done by banks, is a type of financial ruse. However, financing various activities by way of murabaḥah, a contract of diminishing participation, or a rental contract, are considered desirable in the Shari'ah because they allow for the circumventing of interest. These methods are the farthest from being considered financial ruses, and the closest to what the Shari'ah mandates. Financing can also be provided by issuing a line of credit depending on the agency in question, murabaḥah, or another form of financing so long as it is not fraudulent. A letter of guarantee which relies on sponsorship encounters problems that have been expounded upon by Islamic scholars of the past, the primary issue being the of a fee by the agency. Islamic scholars, both past and present. have reached the conclusion that this is not permissible to partake in such an activity. In a situation where the obligated fee in a letter of guarantee based on the percentages, which is based on embedded fees, is considered a fraudulent financial act in the Shari'ah and therefore not permissible. |
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| Physical Description: | [xii], 126 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 111-126). |