Ijarah
Ijarah
Ijarah
Advantages of Ijarah
Parties enter into contracts that come into effect serially, to form a
complete lease/ buyback transaction. The first contract is an Ijarah that
outlines the terms for leasing or renting over a fixed period, and the
second contract is a Bai that triggers a sale or purchase once the term
of the Ijarah is complete. For example, in a car financing facility, a
customer enters into the first contract and leases the car from the
owner (bank) at an agreed amount over a specific period. When the
lease period expires, the second contract comes into effect, which
enables the customer to purchase the car at an agreed to price.
The bank generates a profit by determining in advance the cost of the
item, its residual value at the end of the term and the time value or
profit margin for the money being invested in purchasing the product
to be leased for the intended term. The combining of these three
figures becomes the basis for the contract between the Bank and the
client for the initial lease contract.
This type of transaction is similar to the contractum trinius, a legal
maneuver used by European bankers and merchants during the Middle
Ages to sidestep the Church's prohibition on interest bearing loans. In
a contractum, two parties would enter into three concurrent and
interrelated legal contracts, the net effect being the paying of a fee for
the use of money for the term of the loan. The use of concurrent
interrelated contracts is also prohibited under Shariah Law.
Ijarah-wal-iqtina