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P1: OTA c01 JWBK501-Kettell

May 30, 2011

12:46

Printer: Yet to come

1
Case Study 1: Ijara Contract
1.1 LEARNING OUTCOMES
After working through Case Study 1 you should be able to do the following:

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r Define the Ijara contract. r Define the Ijara wa Iqtina contract. r Distinguish a conventional loan from Ijara. r Describe the elements of an Ijara transaction. r Contrast Ijara with the other modes of Islamic finance. r Identify the reasoning behind the Sharia’a rulings on Ijara. r Describe the different forms of Ijara. r Explain the practicalities of implementing Ijara. r Identify the Arabic terminology used in Ijara. r Describe the Sharia’a rulings on Ijara. r Contrast conventional leasing with Islamic leasing. r Explain the role that interest can play within an Ijara transaction. r Identify problems associated with applying Ijara. r Explain the importance of deferred sales within Islamic finance. r Contrast the role of penalty defaults within conventional and Islamic finance. r Explain how Ijara can be used for home finance. r Define LIBOR and explain its application with an Ijara contract. r Identify the deferred sale versus profit and loss share contracts. r Test that you have fully understood the principles that underlie the Ijara contract.
1.2 ROLE OF IJARA IN ISLAMIC FINANCE

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Those who take riba (usury or interest) will not stand but as stands the one whom the demon has driven crazy by his touch.
Qur’an Sura 2: 275–280

Case Abstract
Ijara is an Arabic term, with origins in Islamic Fiqh, meaning to give something to rent.
Leasing is a contract whereby usufruct rights to an asset are transferred by the owner, known as the lessor, to another person, known as the lessee, at an agreed-upon price, called the rent, and for an agreed-upon period of time, called the term of the lease. This case study describes the rationale and application of the Ijara financing technique.

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