Financing through “lease-to-ownership” a jurisprudential critical reading of the Saudi “financial lease” system

Author

College of Sharia and Fundamentals of Religion - Najran University

Abstract

This research is an attempt to read the jurisprudential criticism; For a lease-to-own contract in accordance with the system of this contract; Which was issued by the Saudi regulator by Royal Decree No. (M/48) on 13/8/1433 AH. This research included a preamble and two chapters. In the preface, I spoke on the definition of lease-to-own, its forms, the history of the origination of finance through leasing, and the reasons for making this type of contract. Then, in the first topic, I spoke about the legal problems with the “financial lease” system, and paved the way for a jurisprudential reading of fatwas and decisions of councils and legal bodies on the subject of “lease ending with ownership”, then I followed that up with the jurisprudential prohibitions in this contract, and these caveats represented what - and To him is my opinion - on the circumvention of usury, the occurrence of gharar, the inclusion of the “lease-to-ownership” contract on the promise, and the difference in the intention of the contracting parties from the wording of the contract. Then, in the second topic, I spoke about the practical problems mentioned in the “financial leasing” system, and included in it the general features of “lease-to-ownership” disputes in the Saudi judiciary, then talked about the termination of the contract due to the tenant’s inability to pay the installments. Then I followed it all up with a conclusion of the research, which includes the most important results, and an index of topics and references.

Keywords

Main Subjects