Potensi ijarah Min al-Batin dalam pembiayaan perumahan di Malaysia: Kajian menurut perspektif syariah / Azmir Azri Ahmad

• Main Author: Azmir Azri , Ahmad
• Format: Thesis
• Published: 2018
• Subjects: BP Islam. Bahaism. Theosophy, etc; HC Economic History and Conditions
• Online Access: http://studentsrepo.um.edu.my/11407/1/Azmir.pdf; http://studentsrepo.um.edu.my/11407/
• Institution: Universiti Malaya

As the first foreign full flegded Islamic bank that wasgranted a licence by Bank Negara Malaysia (“BNM”) under the previous Islamic Banking Act 759 (which has been repealed by Islamic Finance Services Act 2013), Kuwait Finance House (Malaysia) Berhad (KFHMB) has sparked an innovation in Islamic finance industry by offering Islamic home financing product that is based on the Shariah principle of ijārah min al-bāṭin. Pursuant to the above, the objective of this dissertation is to study the practical aspect of the implementation of home financing product through the contract of ijārah min al-bāṭin which has been offered by KFH, as well as identifying and analyzing several Shariah issues that may arise from its transactional application in the product. The study in this dissertation encompasses the definitions, arguments and justifications from classical jurists as well as contemporary Shariah scholars. Furthermore, the study also focuses on the comparison between home financing that is based on ijārah min al-bāṭin with other typical ijārah-based product such as ijārah muntahiyah bi al-tamlīk and mushārakah mutanāqiṣah from the aspect of similarities, differences, advantages and disadvantages of these three respective products. In order to achieve the objective of research for this dissertation, the sources of data were obtained from primary sources through interviews with respective staffs in KFH and secondary sources, where the data has been sourced from libraries, reference materials such as journals, proceeding papers, books, and relevant websites. The data collected has been analyzed using inductive, deductive and comparative methods comprised of theory, concept and modus operandi of home financing product based on ijārah and subsequently to provide assessment in terms of advantages and disadvantages of ijārah min al-bāṭin transaction in comparison with other home financing products based on ijārah contracts.