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Main differences between ijara and a conventional lease


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Topic 7. Ijara Contract IF

Main differences between ijara and a conventional lease


Factor

Conventional lease

Ijara

Religious requirements

Does not follow any religious rulings. Based on the finance and banking laws of the country.

As all Islamic finance products, based on the rulings of Shariah law

Signing of lease contract

Lease agreement can be signed by the lessee and lessor even before the asset has been acquired by the lessor

Lease agreement can only be signed by the two parties after the Ijara asset has come into existence, is owned by the lessor and is in physical or constructive possession of the lessor

Type

There are two types of contracts – financial lease and operational lease. Both contain conditions that contravene Islamic Shariah law, especially interest

The Ijara can also be of two main types – regular Ijara and Ijara wa Iqtina – and both are designed to ensure they do not contain any condition that is against Shariah law

Main differences between ijara and a conventional lease


Factor

Conventional lease

Ijara

Purchase of the lease asset

The leased asset for a financial lease is automatically transferred to the ownership of the customer upon completion of the lease period

No such automatic transfer of ownership. A separate sale agreement needs to be executed between the lessor and the lessee to finalize the purchase of the asset by the lessee

Rights and liabilities of lessor and lessee

The client is responsible for all kinds of loss or damage to the leased asset, irrespective of the circumstances. In case compensation is not provided by the insurance company, the client is liable to the full amount or to pay the balance after insurance compensation

The lessor bears all risks related to the ownership of the asset and as such bears all loss or damage beyond what is compensated by the insurance company. The lessee only bears usage-related risks and any dues for negligence or mismanagement

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