صكوك الإجارة الموصوفة في الذمة و المنتهية بالتمليك

Abstract EN

This research handles judgments of leasing Sukuk that are described in the disclosure and ending with possessing and Sukuk of property leasing for who sells it in a leasing ending with possessing.

The research has reached the following conclusions : − It is allowed to lease a property described in a disclosure conditioned that it has the SALAM conditions in it.

− It is allowed to issue a property Sukuk described in the disclosure based on the leasing contract that is described in the disclosure.

The source of those Sukuk is considered a seller of the property benefit that is described in the disclosure.

The subscribers in them are considered their purchasers.

The outcome of the subscription is the price of this benefit.

The Sukuk holders own these benefits advantageously or disadvantageously.

It is conditioned that Sukuk issuance contract contains the shari'a (legal) conditions of leasing a property described in the disclosure.

− It is not allowed to pass around Sukuk of property benefit ownership that is described in the disclosure before appointing the property to benefit from except with the regulations of acting on debts.

− It is allowed to issue Sukuk of leasing that is ending with possessing based on the leasing contract, which is a benefit property leasing, and the Shari'a regulations of the leasing contract & leasing Sukuk are to be observed upon practical application.

− It is allowed to pass around Sukuk of leasing ending with possessing as they represent a common portion of an available property in accordance with standards and Shari ‘regulations.

The contemporary scholars differ with regard to the judgment of leasing for who sells it as a leasing ending with possessing, the predominant is the prohibition, based on this it is not allowed to be shaped as Sukuk or passing it around; as the leasing Sukuk in this dealing are a compound formula of the unreal contracts that lead to usury