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Șukūk al-Muḍārabah and Application of Third-Party Guarantee
Author(s) -
Chaibou Issoufou,
Umar Aimhanosi Oseni
Publication year - 2016
Publication title -
journal of business law and ethics
Language(s) - English
Resource type - Journals
eISSN - 2372-4862
pISSN - 2372-4870
DOI - 10.15640/jble.v4n1a2
Subject(s) - third party , database transaction , capital (architecture) , process (computing) , salient , transaction cost , islam , business , computer science , political science , finance , law , database , theology , internet privacy , history , philosophy , archaeology , operating system
This paper explores importance of Șukūk al-Muḍārabah in Islamic capital movement and its suitability for financing projects which individuals are not able to provide capital for them. Șukūk al-Muḍārabah is the most popular Șukūk in Șukūk market which has been structured to provide funds for the big projects which need huge amount of capital. This paper analyses the nature, salient features, and the process of Șukūk al-Muḍārabah. The paper uses qualitative methodology which isbased on the four prominent schools of fiqh and some contemporary scholars. The paper examines to what extent the permissibility of third party guarantee in Șukūk al-Muḍārabah process due to the crucial role that this guarantee plays in protection of Șukūk transaction which exposes to risk transaction. It was found in this paper that application of third party guarantee is permissible in the Șukūk al-Muḍārabah process if it is done without charging a fee.

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