leasing gold and silver ending with ownership

Aliwa, Maryam Muhammad Naguib

doi:10.21608/bfda.2024.363847

leasing gold and silver ending with ownership

Author

Maryam Muhammad Naguib Aliwa

Lecturer in the Department of General Jurisprudence, College of Islamic and Arab Studies Kafr El-Sheikh - Al-Azhar University

10.21608/bfda.2024.363847

Abstract

The issue of gold and silver leasing ended with ownership is one of the contemporary incidents, to which former jurists have not been subjected. The Islamic Shari 'a has been concerned with the statement of the legitimate provisions that gold and silver dealers must observe, so as not to get infected with usury and vanity, resulting in corrupt legitimacy and damage to society in general
The study therefore seeks to explore the possibility of leasing gold jewelry through the lease contract ending with ownership, and to reach a legal judgement in the incident. The research has examined the meaning and legitimacy of the lease, the concept of the lease contract ending with ownership and exposure of various forms, its terms and controls in Islamic jurisprudence, and then discussed the provisions of gold and silver ornamental lease and the conditions for the sale of cash.
One of its most important findings are:

The lease contract is not considered usury. The lease of gold and silver ornamental ornaments shall be authorized, postponed by the agreement of the jurists, even if the compensation of his genre is on the opinion of the majority of jurists.

2-Gold and silver cash may be leased as a lease terminated by ownership, taking into account the image of the transfer of ownership through sale, where the gold and silver leased eye must be retrieved), and then the contract of sale is concluded, with the conditions of sale of the usury forms in that image.

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