Exploratory Study on Judicial Rulings Issued by Bahraini Courts in Litigations Related to the Lease Ending with Ownership (Ijarah Muntahiya Beltamleek) Mode of Financing

Abstract

The research sheds light on the judicial rulings issued by the Bahraini civil courts, the Court of Cassation, and the Judicial Disputes Chambers, concerning the Ijara Muntahiya Beltamleek disputes, which is used by Islamic banks as a mode of financing to help customers acquire real estate property. Considering the principle of commitment to the donation that Islamic banks use to deter the procrastinating debtor, the research also aims to clarify the reasons that prompted the Kingdom of Bahrain to issue legislation to adopt the Sharia standards issued by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and use it as a reference to the judiciary when any conflict arises. The researcher seeks to show the most important gaps that may exist because of this change. The research concludes with some suggestions, recommendations, and ways to reduce the gaps in the future. The research analyzes the reasons for the judiciary readjustments of Islamic finance contracts, and the reasons for the emergence of those gaps. It concludes that the application of Sharia standards as a reference in disputes will contribute to the stability of Islamic banks, but it does not guarantee that other problems will not arise. More studies should be conducted on the most important differences between local laws and Sharia standards, in addition to training a sufficient number of judges, lawyers, and arbitrators on Islamic financial transactions. Finally, there is a need for a comprehensive study of Sharia standards to examine the gaps and weaknesses through which Islamic banks and their contracts may be affected.