Gelang for sale

Brooch for sale

Ijarah

1.1 Introduction

According to contemporary jurists and experts on Islamic finance, Ijarah has a great potential as an alternative to interest in respect of evolving a Shari’ah-compliant financial system. Ijarah is permissible according to Ijma’ of jurist and the Shari’ah scholars. As view by Imam Shafi’i and many oyher jurists, two verses of the Holy Qur’an, because of their general nature, refer to legality of Ijarah.

Literally, Ijarah is derived from al-‘Ajr and means compensation, substitute, consideration, return or counter value (al’Iwad). As a contract, it refer to hiring or renting any assets/ commodity to benefit from it usufruct. It also encompasses the hiring of labour and any contract of work for anyone against a return wage. Therefore, broadly the rules and principles of labor, renting, Ju’alah and all other contracts for usufruct of goods and services are covered by the term Ijarah. Other terms, used frequently, for such contracts are Kira’a and Istijar.

In Islamic law, Ijarah is a contract of a known and proposed usufruct of specified asstes for a specified time period against a specified and lawful return or consideration for the service or return for the benefit proposed to be taken, or for the effort or work proposed to be expended. In other words, it is the transfer of usufruct for a consideration, which is rent in the case of hiring assets or things and wages in the case of hiring people. According to the jurists, Ijarah is the sale of usufruct (and not for A’in or corporeal goods) of any commodity in the exchange of Ujrah, wages or rent, and covers houses, shps, riding/ work animals, jewellery, clothes and others.

Based on scholars of the four schools of Islamic jurisprudence (Shafi’ie, Maliki, Hanbali and Hanafi) have cited various definitions of the contract of Ijarah. In brief, these definitions agree on the fact that the contract of Ijarah is a contract on using the benefits or services in return for compensation (Kharofa, 1997)

The permissibility of Ijarah is given in the Holy Qur’an, Sunnah of the holy prophet (PBUH) and consensus (Ijma’a) of the Islamic jurists. Letting goods for use is a general kind of business activity legalized by the Shari’ah as it is convenient means for people to acquire the right to use any asset that they do not own, as all people might not be able to own the tangible assets for use. This permissibility is subject to a number of conditions described in books of Hadith and Islamic jurisprudence.

1.2 Background of Study

Nowadays, majority of people in the Malaysia have been using leasing in their life. Basically, people have been applying the concept of leasing in order to rent their property to other people. By using leasing concept, the people who rent the property can be using the usufruct of the property, but at the same time the owner of the property still remain the title of the property. However, the users of the property need to pay something to the owner as the compensation because of using the owner property.

In the meantime, there are two types of leasing which is based on conventional concept and the other one is based on the Islamic concept which is known as “Ijarah”. The researcher only focuses on the Ijarah for further details.

1.2.1 Hire Purchase

Hire purchase transaction is a contract whereby one party (called “the owner”) lets goods on “hire” to another party and agrees that the hirer may (at his own option) either return the goods when he no longer needs them and terminate the hire, or elect to purchase the goods on completion of the necessary payments agreed in the contract. (Malysian Law on Hire Purchase, by Salleh Buang, publisher Sweet & Maxwell Asia, Published in 2001)

1.2.2 Leasing

Leasing is a process by which a firm can obtain the use of a certain fixed assets for which it must pay a series of contractual, periodic, tax deductible payment. The lessee is the receiver of the services or the assets under the lease contract and the lessor is the owner of the assets. The relationship between the tenant and the landlord is called tenancy, and can be for a fixed or an indefinite period of time (called the term of the lease). The consideration for the lease is called rent.

Under normal circumstances, an owner of property is at liberty to do what they want with their property, including destroys it or hand over possession of the property to a tenant. However, if the owner has surrendered possession to another like tenant then any interference with the quiet enjoyment of the property by the tenant in lawful possession is unlawful.

Similar principles apply to real property as well as to personal property, though the terminology would be different. Similar principles apply to sub-leasing, that the leasing by a tenant in possession to sub-tenant. The right to sub-lease can be expressly prohibited by the main lease.

1.2.3 Ijarah Thumma Buy’

Ijarah Thumma Buy’ is almost similar to finance lease and operating leases in contemporary finance practices. In fact, the concept of Ijarah Thumma Buy’ without the late payment clause is no different from ijarah and concept for finance and operating lease.

In Ijarah Thumma Buy’, the mechanism is a development of the principle of ijarah which is nominee contract as it is more of a feature of financing. It will give choice to the musta’jir at the end of the Ijarah period wheather to buy the asset or to dispose of it. If the musta’jir chooses to buy asset, a new contract will be drawn up.

Under Ijarah Thumma Buy’, the transfer of ownership is not done automatically but only occurs after the conclusion of the contract of sale.

1.3 Problem Statement

The main reason cited by those who would not use Ijarah is lack of knowledge followed by the lack of familiarity of using the Ijarah concept and the benefit that it may bring. Although this mechanism has been used in Malaysia, but the Muslim people is still have a problem of lacking knowledge about this mechanism. Second problem is because Ijarah is one of mechanism in doing leasing contract accordance to Islamic concept. Furthermore, even though some of Muslim people hear about Ijarah, but them still not aware about Ijarah. The different perception of Muslim people towards Ijarah also may cause the people unaware about this mechanism.

1.4 Research question

From the theoretical framework developed, the study has come out with the same research question to be asked and tested at the end of the study. This will determined the reliability of finding on this research.

The research questions are as follows:-

1.4.1 What factors that will effect increase the awareness of Ijarah among muslim people in Shah Alam?

1.4.2 From where the Muslims people notice about Ijarah?

1.4.3 How far the degree of public awareness of Ijarah in Malaysia?

1.5 Research objectives

1.5.1 To identify whether knowledge give impact to the awareness of Muslim people towards Ijarah

1.5.2 To examine whether perception among Muslim people will influence the awareness of Ijarah.

1.5.3 To determine whether education will influence the public awareness towards Ijarah.

1.6 Scope of Study

This study will focus on awareness about Ijarah among Muslim peoples in Shah Alam. The purpose of this study is to examine what factors that will influence awareness about the concept of Ijarah among Muslim people.

Public from Shah Alam is randomly chosen to answer the questionnaire. Researcher has a set of question about awareness of Ijarah among Muslim people; thus researcher will get detail information from the respondent whether they know about Ijarah and to find out what factors that will influence their awareness towards Ijarah.

1.7 Significant of Study

1.7.1 Public from Shah Alam

Public in Shah Alam will have rough idea about the concept of Ijarah. Moreover, they will get some understanding about the concept of Ijarah and they can apply this concept.

1.7.2 Lessor/ lessee

The lessor and lessee can get more information about the concept of Ijarah Islamic perspective. Therefore, they will know what the rules and their responsibility when they use the contract of Ijarah.

1.7.3 Lecture/ advisor

This research can be one of the references for lecture in order to generate new thesis topic for junior or improvement on this particular topic that related.

1.7.4 Researcher

Indirectly, the researcher learns new important things as preparation to apply the concept that should be applied by the Muslims. Besides, researcher will help the Muslims who lack of knowledge about the concept of Ijarah during conducting the research.

1.8 Limitation of study

This research is only concentrate in area of Shah Alam. Thus the information gathered will be slightly different if the researcher does the same research in the other places. People have different background of knowledge and educational level, so their pattern of gathering the information about Ijarah would be different from one and the other. Moreover, certain information is confidential; thus researcher cannot get the accurate data from the respondent for the research.

1.9 Theoretical Framework

Independent Variables (IV) Dependent Variables (DV)

Factors influence awareness of Ijarah

Knowledge

Awareness among Muslim peoples

Education towards Ijarah

Perception

1.9.1 Dependent Variables

Dependent variables or also known as criterion variable is the variable of primary interest to the study. Researcher is interested to research on factors that will influence awareness of Muslim people towards Ijarah.

1.9.2 Independent Variables

Independent variables is a variable that will influence the dependent or criterion variable and accounts for (or explains) its variance. Variables that influence in this research are knowledge and education.

1.9.3 Hypothesis

Hypothesis is an educated conjuncture about the logical developed relationship between two or more variables, expressed in the form of testable statements. Researcher apply directional hypothesis because the directional of the relationship between the variables whether positive or negative is indicated as below:

HO: There is a positive relationship between knowledge and the awareness among Muslim people towards Ijarah

H1: There is a negative relationship between knowledge and the awareness among Muslim people towards Ijarah

HO: There is a positive relationship between education and the awareness among Muslim people towards Ijarah

H1: There is a negative relationship between education and the awareness among Muslim people towards Ijarah

HO: There is a positive relationship between perception and the awareness among Muslim people towards Ijarah

H1: There is a negative relationship between perception and the awareness among Muslim people towards Ijarah

Project Paper Bermula

Assalamualaikum.
Wah, agak lama sudah aku tidak menulis blog. Agak keras jari jemari ni menaip apa yg ingin aku ceritakan. Maklumlah, semester ni agak sibuk dengan assignment-assignment yang harus aku siapkan. Minggu ni Uitm bercuti sempena tahun baru Cina dan cuti pertengahan semester. Jadi, agak bosan juga duduk di rumah kerana ramai housemate aku yang balik. Hari ni aku merancang untuk menyiapkan chapter 1 research proposal aku. Sudah 4 hari cuti, tapi 1 chapter pun tak siap lagi. Adui, syam2, apa nak jadi dengan ko ni.......