Author:
Musleh Aladdin,Ahmad Sohail
Abstract
Purpose
Ijara is one of the exchange contracts that is based on selling benefits and services. There are several forms of Ijara: Ijara specified objects, specified work and hiring a private or joint employee. The target of all these is obtaining a benefit. For instance, in the specified Ijara, the lessee desires to obtain a benefit from a specified person in particular, and in the forward Ijara, the purpose is obtaining the benefit in accordance with specified specifications. Indeed, Islamic banks can obtain these benefits through Ijara them from their providers and re-Ijara them to customers upon request. Hence, the purpose of this paper is to determine the Shariah ruling of the Islamic law of Ijara persons' benefits. Moreover, it aims to determine to what extent is it possible to consider Ijara and selling the benefits prescribed in disclosure and as a financing instrument in Islamic banks aiming at providing citizens with services, mainly in the virtual era.
Design/methodology/approach
The current research is framed within the descriptive and analytical research through illustrating the nature of Ijara, its conditions, pillars, evidence of its legitimacy and its kinds as well. The methodology used attributes the Quranic verses to their contexts in the Holy Quran and authenticates the noble hadiths of the Prophet.
Findings
The current research concludes that it is legally permissible to lease these benefits and re-lease them. However, in the specified Ijara, the hired person must perform the work himself and it is not permissible to be replaced by a third party, whereas in the forward Ijara, the contracted work is permitted to be carried out by a third party as long as it complies with the specifications required and contracted.
Originality/value
This study contributes to the current literature by providing a guide to Islamic banking regulators to promote Ijara in Islamic banking.
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