عقد البيع بالتقسيط مع زيادة الثمن وتطبيقاته على بنك التضامن الإسلامي اليمني الدولي وبنك إسلام ماليزيا :‏‏ دراسة تحليلية تطبيقية مقارنة بالفقها / عبد الله سلطان قائد شداد

Abstract

This study examines an important contract in Islamic transactions, which is the instalment sale with mark-up price and its applications in Tadamon International Islamic Bank and Bank Islam Malaysia. The study presented the opinions of jurists and legal scholars in regards to the similarities and differences between instalment sale and other types of sales. The study also discussed the practical and applied aspect of instalment sale concept, and dealt with an important issue which is the legitimacy of instalment sale with mark-up price. The study chose to focus on Tadamon International Islamic Bank and Bank Islam Malaysia, because they are considered among the important banks in the two countries. The study relies on the inductive, analytical and applied methodologies, by analysing and discussing the various issues under examination. The study concludes that instalment sale with mark-up price is permissible juristically and legally. Moreover, the study reaches a number of results and recommendations, among which is that Tadamon International Islamic Bank applies instalment sale with mark-up price under the name of Murabaha sale. On the other hand, Bank Islam Malaysia applies the concept of instalment sale with mark-up price under the name of Ijarah ending with sale or Murabaha instalment contract. The study also concludes that it is permissible for the bank to delay the legal transfer of ownership of the subject matter until its full price is paid. It is also permissible to stipulate compensation against actual harm caused by the delinquency of a capable debtor in setting his debt. Finally, Ijarah ending with ownership contract can be considered a contract of instalment sale with mark-up price.