Premium Essay

Hi Hello

In: Business and Management

Submitted By ocean90
Words 1478
Pages 6
ISLAMIC BUSINESS TRANSACTION

CONTENT
DEFINITION
DEFINITION

EVIDENCES
PILLARS
CATEGORIES

APPLICATION

2

Ð
Ð
Ð
Ð
Ð
Ð

DEFINITION
EVIDENCE
PILLARS OF AL-HIWALAH
CATEGORIES OF AL-HIWALAH
ADVANTAGE OF AL-HIWALAH
APPLICATION OF AL-HIWALAH

DEFINITION
DEFINITION
DEFINITION

EVIDENCES
PILLARS
CATEGORIES

APPLICATION

3

Ð Literally
To turn over; move or transfer
Ð Technically
To make a transfer of a debt from one debtor to the debtor account of another
To transfer a debt from one person (debtor) to another with the same price, it comes to the consequence than the liability of the debtor is abolished. In other words, the first obligator is freed from any financial obligations.
Ð Hiwalah is a contract which caused the transfer of debt from one party to another.
Ð According to Mughni Muhtaj, the term Hiwalah is refer to the debt transfer from a party/person to another.

NATURE OF AL-HIWALAH
DEFINITION
DEFINITION

EVIDENCES
PILLARS
CATEGORIES

APPLICATION

4

Ð Through the transfer of a claim of a debt, the responsibility for its settlement is shifted from one person to another.
Ð Hiwalah is similar to the sale of debt but is not sale, it also resemble kafalah and wakalah.
Ð However, it is a unique contract which has its own distinct features and condition.
Ð The three important participants in a hawalah contract are: the principal debtor, the creditor and the transferee.
Ð When a valid hawalah is concluded, the debt is no longer demanded from the principal debtor.
Ð This is because in hawalah, the debt is transferred from the principal debtor to the transferee.
Ð Furthermore, hawalah establishes a right for the creditor to demand the settlement of debt from the transferee.

EVIDENCE
DEFINITION
DEFINITION

EVIDENCES
PILLARS
CATEGORIES

APPLICATION

5

Ð Hadith
The Prophet...

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