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https://ptsldigital.ukm.my/jspui/handle/123456789/475686| Title: | The application of the Qard according to Islamic perspective and few foreign laws |
| Authors: | al-Khamsa Seraj Ali Said (P68683) |
| Supervisor: | Ahmed Dahlan Saleh |
| Keywords: | Banking loans Interest (Islamic law) |
| Issue Date: | 26-Jan-2015 |
| Description: | At present time, the growing need for banking lending has emerged across sectors where society has become very reliance on banking resources to meet their emergent financial needs, as well, to achieve desired social and economic development in society. However, many problem addressed emerged when banks decide offering different types of loans to expand their operational capacity of borrowing. Therefore, the objective of this study is to analyse, compare and offer a solution to the credit problems and collateral and its subsequent effects by introducing an effective comparison between the legitimate Islamic laws and the foreign laws, and offering recommendation based on the achieved results. In order to explore the implementations of offering loans, the study chooses two research methods in a comparative-inductive analysis approach for banking loans, holding an analytical approach for analysing banking loans from both legal and legitimate views stated by both laws, compared to the Islamic jurisprudence, to define set of attributes and the utilized methodologies in each type, while adopting the comparative approach to compare ‘legally’ between the Islamic Shari’ah and the foreign statutory legitimates, trying to clarify positivism and legitimacy for both, as to find a solution that can reshape the statutory legitimates into an Islamic ones. The results shows that banking credit is considered as one of major commercial activity for banks, where no assigned differences between the commercial loan and the personal loan in the Islamic jurisprudence. It also clearly judged the credit interest as an essence of the prohibited Usury (Rib�) in the idea of Islamic banking and finance in a mutual consent of the Shari’ah jurists schools, unless was unconditioned so it would be considered as a good unforbidden one. As a whole, these findings have given implication on an alternative legitimate that should be adopted by Islamic banks to finance its credits and deposits accounts dealerships and sharing capitals, like al-Qard al-Hasan, al-Murabaha and sharing capital contracts and other financing instruments, which that can replace common banking loans.,Master / Sarjana |
| Pages: | 145 |
| Call Number: | BP158.L6K336 2015 |
| Publisher: | UKM, Bangi |
| Appears in Collections: | Faculty of Islamic Studies / Fakulti Pengajian Islam |
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