It is permitted in
Shariah that the lessor signs a separate promise, (but not an agreement or
contract) to gift the leased asset to the lessee at the end of the lease
period, subject to his payment of all amounts of rent. There can also be a
unilateral (one sided) promise by the lessee to purchase the asset at the end
of the Ijarah period. Alternatively, there may be an undertaking by the bank to
sell the asset to the lessee at the end of the Ijarah period. On the other hand,
Ijarah agreement should not be dependent either on the promise by the lessee
(to purchase) or the undertaking by the bank (to sell). This arrangement is
called 'Ijarah wa iqtina and it has been allowed by a vast majority of
contemporary scholars and is widely used by the Islamic banks. However, the
validity of this arrangement is subject to two basic conditions:
1. The agreement of Ijarah
should not have the clause regarding the lessor’s promise to gift or sell the
leased property to the lessee at the end of the Ijarah period. Therefore, there
should be a separate document stipulating this promise by the lessor.
2) The
promise should be unilateral and binding on the promisor only. It should not be
a bilateral promise binding on both parties because in this case it will be a
full contract becoming effective on a future date, which is not allowed in the
case of sale or gift.
thank you for helping me to know more about ijara wal iqtina
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