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伊斯兰金融

引言

伊斯兰金融的概念是指遵守shrai或伊斯兰法律规定的金融交易。它在区分传统的伊斯兰金融融资方面有四个主要的原则：禁止利息(瑞芭),禁止投机买卖增加财富(马瑟尔)不确定性(加拉尔)以及所有的交易活动都要遵循允许的用途(清真)[1]。伊斯兰法律有三个基本来源是《古兰经》,苏纳和公议”。《古兰经》是穆斯林的圣书;苏纳是先知穆罕默德(pbuh) 在穆罕默德言行录中的话语, 行为和认可。另外，公议意味着在一段时间或一个时代的所有伊斯兰学者没有在之前的那些来源中表述出来的宗教决定的总协议。伊斯兰法律还有其他重要的来源，如Qiyas[2]。伊斯兰金融的第一次出现是在1400年前的先知穆罕默德时期(pbuh)。然而,现代伊斯兰金融在19世纪70年代由于很多原因应运而生。例如，海湾国家石油的出现，以及穆斯林人需要符合伊斯兰教法的金融产品 [3]。

Islamic finance

Introduction

The concept of Islamic finance means the financial transactions which follow the rules of shrai'a or Islamic law. There are four main principles that distinguish the Islamic finance from the conventional finance. They are the prohibiting of interest (riba), prohibiting of realising a gain from speculation (mayseer), uncertainty (gharar) and all activity adhering the transaction must be for permitted purposes (halal)[1]. There are three fundamental sources of Islamic law which are the Qur'an, Suna and Ijma'. The Qur'an is the Muslim's Holy Book; the Suna is Prophet Mohammed's (pbuh) utterance, deeds and approvals that are reported in Hadith. Ijma' additionally means the total agreement upon a religious decision which had not expressed in the previous sources by all Islamic scholars in on period of time or an era. There are other important sources in Islamic law such as Qiyas[2]. Islamic finance had appeared for the first time 1,400 years ago during the life of Prophet Mohammed (pbuh). However, the modern Islamic finance has emerged in the 1970s due to many reasons. They are, for instance, the emergence of oil in the gulf countries and the need for Muslims to have financial products that are complied with the Shari'a law[3]. There has been a huge increase in the implementation of Islamic finance during the last teen years and it is predictable to continue. Islamic finance during that period has not spread over the Islamic countries only; it has spread over the western countries as well[4]. In modern Islamic finance there are many financial instruments such as Mudaraba, Musharaka, Murabha, Ijarah and Bai' salam. Each of those has its own terms and conditions as an Islamic financial technique. This essay will look at the case by indicating the concept of Ijarah as an Islamic way of finance and the issues that should be looked at according to this method of financing. Then it will show the differences between Ijarah and the conventional leasing in regard to the potential risks that could appear in the transaction. Additionally, it will attempt to provide solutions which would mitigate the potential risks on Ijarah. Finally, the essay will examine the suitable term of choosing the applicable law.

Ijarah as an Islamic technique of finance

Ijarah is an Arabic word which has the same meaning of lease. This means that an owner of an asset will transfer his right of usufruct to a lessee in a specific period of time for a specific amount of money. There are many rules for Ijarah as a transaction in the Shari'a law that must be satisfied. First, there must be an agreed consideration and period of transferring the usufruct in the Ijarah contact and the subject of lease must be specified. Also, the prepared asset for leasing must have a value use and the ownership of the asset must remain in the lessor. In addition, all liabilities appear from the ownership and the risks of any loss or harm which are caused by 本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。