Ijarah

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Ijarah

Ijarah means lease, rent or wage. Generally, Ijarah concept means


selling the benefit of use or service for a fixed price or wage. Under
this concept, the Bank makes available to the customer the use of
service of assets / equipments such as plant, office automation, motor
vehicle for a fixed period and price.

Advantages of Ijarah

Ijarah provides the following advantages to the Lessee:

Ijarah conserves the Lessee' capital since it allows up to


100% financing.

Ijarah gives the Lessee the right to access the equipment


on payment of the first installment. This is important as it
is the access and use (and not ownership) of equipment
that generates income.

Ijarah arrangements aid corporate planning and budgeting


by allowing the negotiation of flexible terms

Ijarah is not considered Debt Financing so it does not


appear on the Lessee' Balance Sheet as a Liability. This
method of "off-balance-sheet" financing means that it is
not included in the Debt Ratios used by bankers to
determine financing limits. This allows the Lessee to enter
into other lease financing arrangements without impacting
his overall debt rating.

All payments towards Ijarah contracts are treated as


operating expenses and are therefore fully tax-deductible.
Leasing thus offers tax-advantages to for-profit operations.

Many types of equipment (i.e computers) become obsolete


before the end of their actual economic life. Ijarah
contracts allow the transfer of risk from the Lesse to the
Lessor in exchange for a higher lease rate. This higher rate
can be viewed as insurance against obsolescence.

If the equipment is used for a relatively short period of


time, it may be more profitable to lease than to buy.
If the equipment is used for a long period but has a very
poor resale value, leasing avoids having to account for and
depreciate the equipment under normal accounting
principles.

Ijarah thumma al bai' (hire purchase)

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

A contract under which an Islamic bank provides equipment, building,


or other assets to the client against an agreed rental together with a
unilateral undertaking by the bank or the client that at the end of the
lease period, the ownership in the asset would be transferred to the
lessee. The undertaking or the promise does not become an integral
part of the lease contract to make it conditional. The rentals as well as
the purchase price are fixed in such manner that the bank gets back its
principal sum along with profit over the period of lease.

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