کتاب: جدید معیشت،تجارت مروجہ اسلامی بینکاری میزان شریعت میں خصوصی اشاعت - صفحہ 538
display price or through a gift. The rental agreement is in fact only a frontalface of ijara, in actuality both the bank and its customer solely desire the buying and selling of the said product/item/good. And in principle as well any order implemented in the agreement is based on the purposes rather than the visible letters; hence the orders implemented on these agreements should be the ones of a deal/trade rather than those of a rental. Following are the flaws of this ijara system: At the times of the Ijara agreement, the bank does not possess the said item/good/product and this makes it a haraam deal. If in one agreement both the rental is decided and the ownership is transferred then these are two agreements under one agreement which is haraam and illegitimate from the perspective of the hadith of Allah’s Messenger (sallalaho alaihi wasallam). Currently practiced Ijara is an actuality an agreement for buying and selling; hence the bank in this instance adds its profit to the cost of the said item/good/product and then divides it into installments and receives these installments as rent. Bank determines its own profit using (KIBOR) or (LIBOR) which are benchmarks to set interest rates, the utilization of the rate of interest makes this agreement/issue a highly doubtful one. In ijara, it is not permissible for the bank to keep the said product/good/item’s ownership in its own hands, because the agreement of the currently practiced ijara is one for buying and selling. In this case the bank is the seller and the renter (customer) is the actual buyer, and the ownership of the product always lies with the buyer and not the seller. The promise of a gift/hadya at the end of the ijara time limit is also incorrect; because this is not a regular hadya but is a