الاستفادة من العمرى و الرقبى في المصارف الإسلامية و شركات التكافل و الأوقاف

Abstract EN

Umra and ruqba are types of gifts that were practiced among the Arabs before Islam (Jahiliyyah) and that were approved of by Islam, which lay down rules and parameters for them that can be found in the books of the Sunnah.

There is consensus that it is permissible, but jurists differ about how to classify it in the schema of fiqh, there being four opinions on the issue.

There are three forms of ruqba, based upon the restriction or lack of it in identifying the recipient and stipulating that the donated asset be returned to the donor after the expiry of the donation period.

Scholars have differed about its legality.

The author has selected the third opinion as the most correct, based upon the same considerations that led to the selection of the strongest opinion about umra.

Umra and ruqba share in many rulings with gifts (hibah), particularly the essential elements and the conditions of validity, and they different from it in certain matters, particularly the time element.

A gift given on the condition of compensation is permissible in general, and the condition is binding according to the majority of scholars.

The author has endorsed the view that a gift given on the condition of compensation is a gift from beginning to end.

Umra and ruqba are types of gifts; they are not bequests, so the rule that they cannot exceed one-third of the owner’s property does not apply to them.

If a parent makes umra and ruqba gifts to his/her children, he should be just and treat them equally.

Umra and ruqba have practical applications in contemporary financial transactions in Malaysia, particularly with regard to the bank’s actions with regard to the share of a deceased customer in participatory investment accounts; also, with regard to the fiqh classification of the takful premium as a voluntary donation.

The author has suggested certain ways to apply umra and ruqba in the context of a murabah sale to a purchase orderer; sales by instalment payments; ijarah that ends with a transfer of ownership; and istisna; and any other contractual transaction involving two or more parties.

He has also suggested ways that they can be used in the investment of waqf properties and that they be considered the basis for the classification of the premiums in Islamic insurance.