The legality of the lease contract ending with ownership in Islamic jurisprudence, a comparative jurisprudence study

Author

Assistant Professor of Comparative Jurisprudence, College of Islamic and Arabic Studies for Girls Al-Azhar University, Beni Suef branch

Abstract

It is from the mercy of God Almighty to His servants that He made lawful for them everything that benefits them, and forbids them everything that harms them, and that which has forbidden usury, fraud, exploitation and deception, and all forms of consuming people’s money unlawfully. Allaah says (interpretation of the meaning): • And buying and other things, {And We did not send down the Book to you except to make clear to them what they differed about, and guidance and mercy.}
Islamic Sharia has come with universal rules and general controls that apply to many branches, and these rules are characterized by stability, comprehensiveness and renewal, to include issues and disasters that occur and emerging, as it came to open the door of ijtihad in order for the nation’s scholars to derive from the evidence of the Book and the Sunnah the general rules - the provisions of new developments from people’s private transactions. and general.
The chapters on financial transactions are among the widest of jurisprudence chapters. They include various types of financial transactions that have occurred, and various types of emerging contracts that have been created by human minds, in order to seek to market their goods in the largest proportion possible, and to achieve for themselves the highest profit at a lower cost, and to contribute to the preservation of their financial rights by all possible ways and various means. What makes the doors of financial transactions full of many branches and emerging issues that are not limited or endless in any case. Perhaps one of the new issues that has spread in our time is the phenomenon of selling cars and other things under the name of “lease-to-own” and the work on this contract has spread between companies and institutions that deal in selling cars and others for the same advanced purpose, which makes people’s questions revolve around the ruling on this type of transaction? This is what made me write about this issue, especially since there is no research on it, and the conditions of its contracts were reviewed only by a study by members of the Fiqh Council, presented to the Islamic Fiqh Academy conference in its fifth session, from the year 1409 AH 1989 AD. And heavy mechanisms, in addition to reviewing the conditions of those contracts, and there is no doubt that each contract has its own circumstances and provisions.
Therefore, I saw research in it to clarify its truth, and to explain its wisdom, and the importance of this topic is not hidden, as it has spread at the present time types of contemporary financial transactions that need editing, clarification, and proper adaptation, including this topic that people use in our contemporary time on a large scale. It is necessary to stand on his study of jurisprudence.
I ask God success and payment
 
 

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