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The application of constructive possession (qabd hukmi) in islamic financial contracts

Qabd (taking possession) is a fundamental element to acquire the subject matter in sale and purchase contracts as well the other financial contracts. Qabd represents an integral part in any exchange-based contract (‘uqud al-mu’awadhah) and charity-based contract (‘uqud al-tabarru’at) in which a fail...

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Main Author: Abdul Wafi, Samsurrijal
Format: Thesis
Language:English
English
Published: 2022
Subjects:
HG Finance
Online Access:https://etd.uum.edu.my/10239/1/s827993_01.pdf
https://etd.uum.edu.my/10239/2/s827993_02.pdf
https://etd.uum.edu.my/10239/
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spelling my.uum.etd.102392023-01-25T00:42:16Z https://etd.uum.edu.my/10239/ The application of constructive possession (qabd hukmi) in islamic financial contracts Abdul Wafi, Samsurrijal HG Finance Qabd (taking possession) is a fundamental element to acquire the subject matter in sale and purchase contracts as well the other financial contracts. Qabd represents an integral part in any exchange-based contract (‘uqud al-mu’awadhah) and charity-based contract (‘uqud al-tabarru’at) in which a failure to accomplish this important part will hinder the completion of a contract due to the invalid possession of respective subject matter. Given the nature that contemporary transactions are mostly applicable to constructive possession (qabd hukmi) and not widely applicable to the real possession (qabd haqiqi). However, the actual practice of constructive possession encounters several cruxes of issues that threaten its validity such as the impediment on the right of disposal (haq altasarruf), partial of takhliah and tamkin (relinquishment and full access) and unparallel concept between physical and constructive possession that hit the nature of Islamic finance and banking. The research carries objectives to examine the meaning of qabd hukmi from the view of fiqh, its application in the contemporary Islamic financing products and the issues arise upon the implementation of qabd hukmi. This research was assisted by in depth examination on classical fiqh literatures as its basis to extract the intended meaning of qabd hukmi. A qualitative approach was used as the research method and the data collected is gained through the interview. The data was classified and arranged to the respective themes through the coding methods. Ultimately, the research provided suggestions and recommendation that have been seen as a mechanism from the researcher’s perspective to resolve the dispute in the case of constructive possession and encourage the stakeholders of the Islamic finance and banking to evaluate, mitigate and improve the related matters. 2022 Thesis NonPeerReviewed text en https://etd.uum.edu.my/10239/1/s827993_01.pdf text en https://etd.uum.edu.my/10239/2/s827993_02.pdf Abdul Wafi, Samsurrijal (2022) The application of constructive possession (qabd hukmi) in islamic financial contracts. Masters thesis, Universiti Utara Malaysia.
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Electronic Theses
url_provider http://etd.uum.edu.my/
language English
English
topic HG Finance
spellingShingle HG Finance
Abdul Wafi, Samsurrijal
The application of constructive possession (qabd hukmi) in islamic financial contracts
description Qabd (taking possession) is a fundamental element to acquire the subject matter in sale and purchase contracts as well the other financial contracts. Qabd represents an integral part in any exchange-based contract (‘uqud al-mu’awadhah) and charity-based contract (‘uqud al-tabarru’at) in which a failure to accomplish this important part will hinder the completion of a contract due to the invalid possession of respective subject matter. Given the nature that contemporary transactions are mostly applicable to constructive possession (qabd hukmi) and not widely applicable to the real possession (qabd haqiqi). However, the actual practice of constructive possession encounters several cruxes of issues that threaten its validity such as the impediment on the right of disposal (haq altasarruf), partial of takhliah and tamkin (relinquishment and full access) and unparallel concept between physical and constructive possession that hit the nature of Islamic finance and banking. The research carries objectives to examine the meaning of qabd hukmi from the view of fiqh, its application in the contemporary Islamic financing products and the issues arise upon the implementation of qabd hukmi. This research was assisted by in depth examination on classical fiqh literatures as its basis to extract the intended meaning of qabd hukmi. A qualitative approach was used as the research method and the data collected is gained through the interview. The data was classified and arranged to the respective themes through the coding methods. Ultimately, the research provided suggestions and recommendation that have been seen as a mechanism from the researcher’s perspective to resolve the dispute in the case of constructive possession and encourage the stakeholders of the Islamic finance and banking to evaluate, mitigate and improve the related matters.
format Thesis
author Abdul Wafi, Samsurrijal
author_facet Abdul Wafi, Samsurrijal
author_sort Abdul Wafi, Samsurrijal
title The application of constructive possession (qabd hukmi) in islamic financial contracts
title_short The application of constructive possession (qabd hukmi) in islamic financial contracts
title_full The application of constructive possession (qabd hukmi) in islamic financial contracts
title_fullStr The application of constructive possession (qabd hukmi) in islamic financial contracts
title_full_unstemmed The application of constructive possession (qabd hukmi) in islamic financial contracts
title_sort application of constructive possession (qabd hukmi) in islamic financial contracts
publishDate 2022
url https://etd.uum.edu.my/10239/1/s827993_01.pdf
https://etd.uum.edu.my/10239/2/s827993_02.pdf
https://etd.uum.edu.my/10239/
_version_ 1756062348017139712
score 13.211869

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