English abstract
With this dissertation, the researcher aimed at shedding light on the meaning of Forward Ijarah, revealing the legal ruling in its regard and the regulations of its dealings, in addition to assessing Islamic banks' practical experience of Forward Ijarah Ending with Ownership. The dissertation was divided into an introduction, a preface and three chapters. Each chapter contains a number of sections followed by a conclusion and recommendations.
In the preface, the researcher dealt briefly with the definition of Forward Ijarah, its divisions and proofs of its legality, He explained the meaning of Ijarah linguistically and technically in the first section of the preface. He concluded by defining Ijarah as a transfer of ownership of a fixed, permissible benefit that has been thoroughly described in a way that excludes any outrageous lack of knowledge, in return for compensation.
In the second section of the preface, the researcher briefly explored the meaning of a leasing "being described in a forward obligation" to arrive at the definition of Forward Ijarah as a proper name in the third section, where he defined it as the undertaking of an obligation to provide a permissible benefit with specific qualities and features at an unspecified location in return
for compensation.
- In the fourth section he addressed the legality of Forward Ijarah and discussed the various
opinions and their proofs.
The first chapter was dedicated to the illustration of the consistent and varying rules between
Particularized Ijarah and Forward Ijarah. In the first section of this chapter, the researcher mentioned the most significant fundamental differences between the two leases, while he devoted the second section to the exposition of the consistent rules between the two leases.: The third section tackled the rules that are different between the two leases, putting them in two divisions on account of the difference between the two leases, which is partly due to the nature of each lease and partly due to the legal classification of Forward Ijarah. In the fourth section the researcher described Ijarah Contract, displaying scholars' dispute on it in terms of whether it is binding or not (optional).
The second chapter explored Forward Ijarah Ending with Ownership, explaining in seven sections the definition of this kind of lease, its forms, origin, parameters and its legal classification, so as to arrive at the most significant section of this chapter, namely revealing the legal ruling on Forward Ijarah Ending with Ownership. He concluded the chapter by stating the ruling regarding Conditional Gift.
The third chapter was concerned with applications, where he considered the practical experience of Forward Ijarah as carried out by financial institutions. The sections of this chapter might have been remarkably long, but this was necessitated by the nature of the chapter and the many issues that had to be examined when revealing the legal ruling on the applications.
