Please use this identifier to cite or link to this item: https://ptsldigital.ukm.my/jspui/handle/123456789/775729
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dc.contributor.advisorAsma Hakimah Ab. Halim, Dr.en_US
dc.contributor.authorNoraida Shahliza Md Ghani (P65998)en_US
dc.date.accessioned2024-09-04T07:19:08Z-
dc.date.available2024-09-04T07:19:08Z-
dc.date.issued2022-02-05-
dc.identifier.urihttps://ptsldigital.ukm.my/jspui/handle/123456789/775729-
dc.description.abstractThis research discusses bank’s debt recovery practice focusing on Islamic banking and financially constrained debtors incapable of repaying debt due to having genuine difficulties. Since the law applicable to Islamic banking is derived from Shariah, it is important to ensure the debt recovery practice aligns with Shariah. In Shariah, incapable debtors are divided into darurah (necessity) and hajah (need), what differentiates these two is the level of hardship. In this research, both debtors are in difficulty but hajah still has income, not yet reaching darurah who do not have income, thus darurah must be prioritised. However, the researcher has found no specific parameter outlined by banks to categorise these types of debtors. In practice, banks and agency (AKPK) allow restructuring and rescheduling of payments for defaulters but requiring them to have income. This does not solve the problem of defaulters who lost their income. This research aims to investigate the practice of debt recovery in Islamic banking and other related agencies by observing approaches taken in cases involving incapable debtors from the aspect of implementation and legal framework. To achieve this objective, the researcher employed socio-legal research methodology by analysing documents from primary and secondary sources and interviews with executive officers of a bank and related agencies. The research findings found that incapable debtors with an income have provisions in the current debt recovery framework but not those who are not having income. Furthermore, Zakat allocations emphasise asnaf fakir and poor compared to asnaf debtors. Among the suggestions is establishing a cooperative fund with contributions from the government and central bank using donation proceeds from Islamic banks and public to solve the issue based on requirements adhering to the concept of VBI and maqasid Shariah. This could solve the problem of Muslim and non-Muslim debtors since Zakat is for Muslims.en_US
dc.language.isoenen_US
dc.publisherUKM, Bangien_US
dc.relationFaculty of Law / Fakulti Undang-undangen_US
dc.rightsUKMen_US
dc.subjectUniversiti Kebangsaan Malaysia -- Dissertationsen_US
dc.subjectDissertations, Academic -- Malaysiaen_US
dc.subjectFinance -- Religious aspects -- Islamen_US
dc.subjectBanking law (Islamic law) -- Malaysiaen_US
dc.subjectFinance (Islamic law) -- Malaysiaen_US
dc.titleShariah legal framework for debt recovery practice in Islamic banking for financially constrained debtoren_US
dc.typeThesesen_US
dc.description.notese-thesisen_US
dc.format.pages258en_US
dc.format.degreePh.D.en_US
dc.description.categoryofthesesTerhad/Restricteden_US
Appears in Collections:Faculty of Law / Fakulti Undang-undang

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