Hire purchase under Shirkatul Milk is a legitimate transaction from the Shari'ah point of view subject to taking into consideration the following conditions:
(a) That the asset desired by the client is first purchased
by the bank and the client jointly. The
ownership to the asset shall be as per equity participation of, the bank and the client. Rent will accrue only after delivery of the asset to the lessee in usable
condition/good order.
(b) That after purchase of the asset the risk of the asset is
borne by both the owners, the bank and the
client lessee. This is true until such time that the asset is actually delivered to the client lessee in accordance with
the other specifications and terms of
the contract.
(c)
That
the specifications of the asset, delivery date, time and place and other terms of the contract are
ensured.
Deviation from any of the above conditions
will result in the transaction being one based on interest, which is not Shari'ah approved.
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