2012
CHAPTER ONE: 1.0 INTRODUCTION OF THE STUDY
INTRODUCTION
The Islamic concept of Al-Ijarah Thumma al-bay’ refers to lease or hire or rent ending with purchase. It is a type of lease which concludes with option to buy back which is concludes the legal title of the leased asset and will be passed to the lessee at the end of the period. It is one of the contemporary innovative products which are design to meet the public demand at the same time, securing long term competitiveness in the financial market. AITAB comprised two contracts which are al-ijarah (leasing or renting) and followed by al-bay’ (sale) contract. Al-Ijarah: a contract whereby the lessor (Islamic bank) will rent the assets to the lessee (customer) over a certain period and at the end monthly rental amount as agreed by both parties. (Khir et al., 2008) Al-Bay’: upon completion of the rental period or upon the early settlement the lessor will then enter into the sale contract with the lessee to sell the asset at a pre-agreed selling price. (Khir et al., 2008) Al-ijarah and al-bay’ are both categorised under the contract of exchange. The former relate to the exchange of usufruct for money, while latter involves the exchange of good for money. In AITAB the contract of al-ijarah runs separately from the contract of al-bay’. Since both contracts are executed in a sequence. A new contract AITAB can be used to describe the process of converting an Ijarah into a sale contract. (Khir et al., 2008) AITAB is one of the contemporary innovative approaches in the Islamic hire purchase instrument which is an alternative product to conventional hire purchase. The significant difference between the two is that Islamic hire purchase is a unique contract involving a combination of two different contracts, thus involving a number of legal and shariah issues. It
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Acceptance Of Islamic Hire