Student Name

Fawad AzimFollow

Degree

Master of Science in Islamic Banking & Finance

Department

Department of Finance

Faculty/ School

School of Business Studies (SBS)

Date of Submission

Spring 2024

Supervisor

Dr. Mohammad Azam Ali, Assistant Professor & Senior Research Fellow CBER, Department of Accounting & Law

Keywords

Collateral, Pledge, Islamic law of contract, Islamic Banking

Abstract

The results of the analysis have revealed that factors such as collateral have a prominent importance in the Islamic financing contracts. The study explains that it is permissible from Shari‘ah view point to accept collaterals for advances of financing facilities under Shari‘ah nominated contracts. To validate this, references from Quran and Hadith are also cited in this report considering it as primary sources of Shari‘ah. The study classified different types of collaterals that can be utilized in Islamic financial contracts along with charge (pledge) for proceeding Islamic contracts. It also covers the rights and obligations assigned to the parties of a contract i.e. lender and borrower in mainly used types of Shari‘ah nominated contracts. The Study concludes that acceptance of collateral is only required to fulfill the regulatory requirement is Islamic Banks. Whereas, it may not prevent the financing institution to avoid loss situation in a transaction if there is no negligence of customer. This may vary on a case to case basis and may have several implications.

Document Type

Restricted Access

Submission Type

Research Project

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