The provisions of the gold jewelry rental contract that ends with ownership A comparative jurisprudence study

دراسة فقهية مقارنة

Abstract

The research aims at graduating the leasing contract that ends with ownership, and applying the contract of leasing gold jewelery to it, and to achieve the goal, the research deals with the rulings of the jurists in matters pertaining to the contract in terms of the meeting of the lease contract and the sale contract as a condition, coupled with the promise, and then explaining the specificity of the provisions of gold jewelery.

    The most important findings of the researcher is that Islamic jurisprudence expands to say that the contract is legitimate as an attestation to the Maliki school of thought and the sayings of Sheikh al-Islam Ibn Taymiyyah, or by fabricating words.

    With regard to the reduction of the contract to rent gold jewelery, it is difficult, given the evident appearance of a trick to get rid of the restrictions of selling usurious money, from the point of sale in installments, and from the point of increasing the rent for the same.

    Accordingly, it is imperative to search for an alternative graduation that saves from the problems of the contract, through the jurisprudence of the sale of the rented asset to the lessee agreed upon between the jurists, with the binding promise for that from the lessor.

The most important recommendations are the need for financing companies from Islamic banks and jewelry stores to adopt formulas for the idea of selling leased jewelery, formulated by fatwa boards or Sharia supervisory bodies instead of falling into the suspicion of usury with a ploy of sale by installments. The first contract includes a promise from the lessor to sell, and the second invites the lessor to the contract council.

period.Key words: usury - rent - jewelery - gold - sale.