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TꜤawīḍ and Gharāmah as financial compensation: application to corporates and government bodies

Hassan, Rusni and Ali, Jawwad and Mohamad Noor, Fatimah Azzahra (2022) TꜤawīḍ and Gharāmah as financial compensation: application to corporates and government bodies. Manchester Journal of Transnational Islamic Law and Practice, 18 (2). pp. 85-100. E-ISSN 2633-6626

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Abstract: In spite of the growth of Islamic financial institutions, they have been suffering from troubles due to late payment, which lessen the economic feasibility of these institutions reducing their incomes and capability to compete with conventional banks. Furthermore, payment default is a common phenomenon these days in most societies. Therefore, this article focuses on the different Fiqh approaches to TꜤawīḍ (compensation) and Gharāmah (penalty) as financial compensation to the lending institution and a form of punishment for the debtor. The article also demonstrates the methods of determining the actual cost for TꜤawīḍ. Moreover, the article highlights the implementation of TꜤawīḍ and Gharāmah in Islamic Banks in Malaysia. To achieve this objective, a qualitative approach has been adopted. The article recommends that Islamic financial institutions should avoid charging indirect costs as it is very close to Ribā (usuary). The article also proposes that instead of using the word ‘Gharāmah’, it is appropriate to use the phrase ‘Iltizām bi al-Taṣadduq/al-TabarrꜤu’ to proclaim the imposition of financial penalty by government, corporate bodies and even individuals.

Item Type: Article (Journal)
Uncontrolled Keywords: TꜤawīḍ; Gharāmah; Creditor; Debtor; Actual Loss; Indirect Costs; Late Payment; Iltizām bi al-Tasadduq/al-TabarrꜤu
Subjects: H Social Sciences > HG Finance > HG3368 Islamic Banking and Finance
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Institute of Islamic Banking & Finance (IIiBF)
Depositing User: Prof Dr Rusni Hassan
Date Deposited: 13 Jan 2023 16:03
Last Modified: 13 Jan 2023 16:04
URI: http://irep.iium.edu.my/id/eprint/103204

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