The issue of sequence and pre signing in contract execution between shari'ah view and current practice
Pre signing of all the transactional documentsin one sitting by the customer is among the issue that is questionable as it does not follow the sequence in Shari'ah concept of 'offer and acceptance'. As 'offer and acceptance' or 'ijab' and 'qabul' i.e. sig...
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2010
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| Subjects: | |
| Online Access: | http://repo.uum.edu.my/3148/1/Asmadi_Mohamed_Naim01.pdf http://repo.uum.edu.my/3148/ |
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| Summary: | Pre signing of all the transactional documentsin one sitting by the customer is among the issue that is questionable as it does not follow the sequence in Shari'ah concept of 'offer and acceptance'. As 'offer and acceptance' or 'ijab' and 'qabul' i.e. sighah in popular juristic view is an absolute and executed after the possession of the contracted item, pre signing in normal circumstance has been seen as promise from one party to purchase or to sell. Hence, the question arises from the practice is does the promise can be considered as 'offer' or 'acceptance', or not? Any compliant issue in contract execution will affect the validity of the contract. Therefore, the study aims to discover few objectives such as Shari'ah view on sequence of contract execution in
Islamic banking products; and Islamic banks' practices in executing contract in vehicle financing, house financing and personal financing. The paper discloses Islamic views on contract execution and how Islamic banks practices contract execution with customers. The paper suggests that the offer and acceptance should be done in proper manner as described by lslamic jurists and technology devices and
communication technology should be used to overcome pre-signing needs. |
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