Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects

Decreasing partnership based modes could be adopted with advantage for financing asset procurement as well as projects in a variety of situations. The shari‘ah admissibility of this mode essentially depends on the reality and independent functioning of the various contracts. Diverse capacities the...

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Main Author: Sadique, Muhammad Abdurrahman
Format: Article
Language:English
Published: International Islamic University Malaysia 2012
Subjects:
Online Access:http://irep.iium.edu.my/27212/
http://irep.iium.edu.my/27212/1/Applications_of_Decreasing_Partnership_in_Islamic_Banking-Some_Relevant_Shari%27ah_Aspects-M_Abdurrahman_Sadique.pdf
id iium-27212
recordtype eprints
spelling iium-272122013-04-10T05:14:56Z http://irep.iium.edu.my/27212/ Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects Sadique, Muhammad Abdurrahman HG1501 Banking HG4001 Financial management. Business finance. Corporation finance. KBP639 Muʻāmalāt Decreasing partnership based modes could be adopted with advantage for financing asset procurement as well as projects in a variety of situations. The shari‘ah admissibility of this mode essentially depends on the reality and independent functioning of the various contracts. Diverse capacities the parties undertake through the component contracts should be effectively reflected, especially through fulfilling the duties pertaining to ownership and lease, and accepting the liabilities involved. Gaining legal recognition for the component contracts should be attempted for. In decreasing partnership for ventures, the equity structure should not be based on terms favourable to one party alone. Replacing the legally binding promise to purchase with an understanding to that effect, giving the partners a choice in the matter, could be more conducive towards the equity relationship. International Islamic University Malaysia 2012-06-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27212/1/Applications_of_Decreasing_Partnership_in_Islamic_Banking-Some_Relevant_Shari%27ah_Aspects-M_Abdurrahman_Sadique.pdf Sadique, Muhammad Abdurrahman (2012) Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects. IIUM Law Journal, 20 (1). pp. 1-27. ISSN 0128-2530
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic HG1501 Banking
HG4001 Financial management. Business finance. Corporation finance.
KBP639 Muʻāmalāt
spellingShingle HG1501 Banking
HG4001 Financial management. Business finance. Corporation finance.
KBP639 Muʻāmalāt
Sadique, Muhammad Abdurrahman
Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects
description Decreasing partnership based modes could be adopted with advantage for financing asset procurement as well as projects in a variety of situations. The shari‘ah admissibility of this mode essentially depends on the reality and independent functioning of the various contracts. Diverse capacities the parties undertake through the component contracts should be effectively reflected, especially through fulfilling the duties pertaining to ownership and lease, and accepting the liabilities involved. Gaining legal recognition for the component contracts should be attempted for. In decreasing partnership for ventures, the equity structure should not be based on terms favourable to one party alone. Replacing the legally binding promise to purchase with an understanding to that effect, giving the partners a choice in the matter, could be more conducive towards the equity relationship.
format Article
author Sadique, Muhammad Abdurrahman
author_facet Sadique, Muhammad Abdurrahman
author_sort Sadique, Muhammad Abdurrahman
title Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects
title_short Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects
title_full Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects
title_fullStr Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects
title_full_unstemmed Applications of decreasing partnership (al-mushārakah al-mutanāqiÎah) in Islamic banking: Some relevant Shari‘ah aspects
title_sort applications of decreasing partnership (al-mushārakah al-mutanāqiîah) in islamic banking: some relevant shari‘ah aspects
publisher International Islamic University Malaysia
publishDate 2012
url http://irep.iium.edu.my/27212/
http://irep.iium.edu.my/27212/1/Applications_of_Decreasing_Partnership_in_Islamic_Banking-Some_Relevant_Shari%27ah_Aspects-M_Abdurrahman_Sadique.pdf
first_indexed 2023-09-18T20:40:28Z
last_indexed 2023-09-18T20:40:28Z
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