التكييف الفقهي للإجارة المنتهية بالتمليك

Abstract

This research aims at finding the fiqh adaptation of the different forms of lease-to-own (Ijarah) in order to obtain a detailed Fiqh view of this product. This Islamic financial product is one of the composed financial products (structured products) which contain several contracts the are adapted in different ways. Hence, this research studies these adaptations, whether these contracts were for diversifying the products and forms for competitive purposes, or to creating a conventional product and finding a legitimate trick (ḥiyal Shariah) to give it an Islamic cover. The importance of this research lies in the fact that lease-to-own (Ijarah) is one of the most important Islamic products used by the contemporary Islamic financial institutions in financing projects and attracting depositors' savings. The researcher used the inductive method to reach a complete view on the Islamic financial products; the analytical approach to understand the Islamic jurisprudence relationship (fiqh) of the contract or contracts composing a particular product; and the comparative approach. The research concluded that the lease-to-own (Ijarah), despite emerging as a conventional financial product in the conventional institutions before the Islamic institutions, has only one valid form that is free of prohibitions and suspicions; and the other forms contained what would prevent them from being used.