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Muhammad ayub understanding islamic finance phần 6

Ngân hàng Hồi giáo cũng có thể đồng ý một thỏa thuận với các ngân hàng trung ương phục vụ như là một người cho vay cuối cùng. Một lựa chọn là tài chính trên cơ sở Mudarabah, các ngân hàng trung ương có thể đồng ý cung cấp thanh khoản cho, nói, một thời gian ân hạn ba ngày với trần nhà | 248 Understanding Islamic Finance reduced the period to fifteen days some even to one day which as they argued was the minimum period necessary for the transport of a commodity from one market to another. Some jurists believed in precise fixation of the date on which delivery was to be made while some others approved of a rough date but a definite period or occasion of delivery for example on harvest.20 Contemporary scholars recommend that the due date and place of delivery must be known. The period could be anything from a few days to a number of years depending upon the nature of the commodity involved. Delivery can also be made in different consignments or instalments if mutually agreed.21 Before delivery goods will remain at the risk of the seller. Delivery of goods can be physical or constructive. After delivery risk will be transferred to the purchaser. Transferring of risk and authority of use and utilization consumption are the basic ingredients of constructive possession. If a place of delivery is not stipulated at the time of the Salam agreement the place at which the contract was executed will be regarded as the place where the goods will be delivered. The parties can also mutually decide about the place keeping in mind the customary practice.22 10.4.4 Khiyar Option in Salam The jurists disallow the operation of the Islamic law of option Khiyar alShart in the case of Bai Salam because this disturbs or delays the seller s right of ownership over the price of the goods. The purchaser also does not have the option of seeing Khiyar al Ro yat which is available in the case of normal sales. However after taking delivery the purchaser has the option of defect Khiyar al Aib and the option of specified quality. This means that if the commodity is defective or it does not have the quality or specification as agreed at the time of contract the purchaser can rescind the sale. But in that case only the paid amount of price can be recovered without any increase. .