الرهنان الحيازي والرسمي في النظام المالي الإسلامي الماليزي دراسة فقهية تحليلية = Possessory and official mortgages in Malaysian Islamic monetary system: a fiqh analytical study = Gadaian Hiyazi dan gadaian rasmi dalam sistem kewangan Islam Malaysia: satu kajian analisis fiqh

Zakariyah, Luqman and Amanullah, Muhammad and Musa, Mohammed Kabiru (2017) الرهنان الحيازي والرسمي في النظام المالي الإسلامي الماليزي دراسة فقهية تحليلية = Possessory and official mortgages in Malaysian Islamic monetary system: a fiqh analytical study = Gadaian Hiyazi dan gadaian rasmi dalam sistem kewangan Islam Malaysia: satu kajian analisis fiqh. at-Tajdid, 21 ((41)). pp. 133-155. ISSN 1823-1926

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Abstract

This study aims to explain the possessory and official pledges and some of their applications in the Malaysia Islamic monetary system from the point of view of Fiqh analysis. This is to answer the question: what are the concepts of possessory and official mortgage and their applications? The study refers to the views of the jurists on the issue and compares between them. The study concludes among others: that the traditional jurists did not differentiate between the possessory and official mortgages in their discussions but rather discussed it in a general manner. Legal scholars had reviewed this form of interaction as a result of in the real estate insurance system; and that the difference between them is that possessory mortgage has the mortgaged property in the hand of the mortgagee until he fulfils his right and as for the official mortgage, the mortgagee remains in the hand of the owner and the mortgagee has the right in fulfilling his right based on the price of the mortgaged item. This mechanism however, was applied in different manners in the Malaysia Islamic monetary system; some of which comply with the Shari’ah while some others need to be reviewed and studied further to contain them from some of the Shari’ah offences and the possibility of them containing elements of the suspicious usury.

Item Type:	Article (Journal)
Additional Information:	6964/59678
Uncontrolled Keywords:	الرهن الحيازي، الرهن الرسمي، النظام المالي، الشريعة، ماليزيا, Possessory Mortgage and Official Mortgage, Monetary System, Shari’ah, Malaysia, Gadaian Hiyazi, Gadaian Rasmi, Sistem Kewangan, Shari’ah, Malaysia.
Subjects:	B Philosophy. Psychology. Religion > BL Religion H Social Sciences > HG Finance > HG3368 Islamic Banking and Finance K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Dr Luqman Zakariyah
Date Deposited:	30 Nov 2017 08:55
Last Modified:	30 Nov 2017 08:55
URI:	http://irep.iium.edu.my/id/eprint/59678

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