Laws of Collateral in Today's World in Islamic Perspective

Taking from Pakistan State Bank case, this article initially elaborates and critically discusses collateral (in conventional term) and Islamic collateral (rahn). In conventional banking, collateral traditionally refers to secured lending (also known as asset-based lending). Since possession is pre-r...

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Main Authors: Aqeel Akhtar, Fahad Ahmed Qureshi, Mubeen Butt
Format: Article
Language:English
Published: IAIN Surakarta 2019-01-01
Series:Shirkah
Online Access:http://shirkah.or.id/new-ojs/index.php/home/article/view/178
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author Aqeel Akhtar
Fahad Ahmed Qureshi
Mubeen Butt
author_facet Aqeel Akhtar
Fahad Ahmed Qureshi
Mubeen Butt
author_sort Aqeel Akhtar
collection DOAJ
description Taking from Pakistan State Bank case, this article initially elaborates and critically discusses collateral (in conventional term) and Islamic collateral (rahn). In conventional banking, collateral traditionally refers to secured lending (also known as asset-based lending). Since possession is pre-requisite for binding of the contract, the charge can be registered in this regard to the regulating authority. Third party charge registration in this regard will not be entertained until the debtor scrutinizes it with registration. We argue that it is allowed for a creditor to take one asset as collateral from two debtors and this asset will be considered from both debtors as rahn. Since one single asset is considered from both debtors, the creditor may hold the asset until his whole debt would be paid off. Although this research happens in Pakistan, the case of collateral and rahn can be academic precedence in Islamic global world.    Keywords: collateral, rahn, Pakistan state-banking
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spelling doaj.art-ab7d5613207746dd9bb6eea41d2b887d2023-01-03T01:58:07ZengIAIN SurakartaShirkah2503-42352503-42432019-01-013110.22515/shirkah.v3i1.17837Laws of Collateral in Today's World in Islamic PerspectiveAqeel Akhtar0Fahad Ahmed Qureshi1Mubeen Butt2Bank Alfalah Islamic PakistanAmerican School of Oriental Research, Boston UniversitySchool of Islamic Economics, Banking and Finance, Minhaj UniversityTaking from Pakistan State Bank case, this article initially elaborates and critically discusses collateral (in conventional term) and Islamic collateral (rahn). In conventional banking, collateral traditionally refers to secured lending (also known as asset-based lending). Since possession is pre-requisite for binding of the contract, the charge can be registered in this regard to the regulating authority. Third party charge registration in this regard will not be entertained until the debtor scrutinizes it with registration. We argue that it is allowed for a creditor to take one asset as collateral from two debtors and this asset will be considered from both debtors as rahn. Since one single asset is considered from both debtors, the creditor may hold the asset until his whole debt would be paid off. Although this research happens in Pakistan, the case of collateral and rahn can be academic precedence in Islamic global world.    Keywords: collateral, rahn, Pakistan state-bankinghttp://shirkah.or.id/new-ojs/index.php/home/article/view/178
spellingShingle Aqeel Akhtar
Fahad Ahmed Qureshi
Mubeen Butt
Laws of Collateral in Today's World in Islamic Perspective
Shirkah
title Laws of Collateral in Today's World in Islamic Perspective
title_full Laws of Collateral in Today's World in Islamic Perspective
title_fullStr Laws of Collateral in Today's World in Islamic Perspective
title_full_unstemmed Laws of Collateral in Today's World in Islamic Perspective
title_short Laws of Collateral in Today's World in Islamic Perspective
title_sort laws of collateral in today s world in islamic perspective
url http://shirkah.or.id/new-ojs/index.php/home/article/view/178
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