Ibria-A Clause in Financial Contract
Ibria-A Clause in Financial Contract
Ibria-A Clause in Financial Contract
In the beginning, ibra’ was practised in Islamic banking institutions, based on the
financier’s discretion to grant it to a customer who settles his debt earlier than the
stipulated period.
However, since the practice of giving rebate is solely discretionary on the part of an
Islamic banking institution, the customers may cast doubt whether they are eligible to
receive ibra’ when they make an early settlement.
Furthermore, they are also in the dark about the formula for the ibra’ computation by the
bank. As a result, customers may shift to conventional financing instead. To overcome
this confusion in granting and computing the ibra’ Islamic banking institutions, it was
proposed that a clause on promise to provide ibra’ to customers who settle their debts
earlier than the stipulated period be introduced.
Therefore, it is important to resolve the issue of whether the incorporation of such clause
on promise to give ibra’ to customers in the Islamic financing agreement is permitted by
the Shari’ah.
Resolution
The Council, in its 24th meeting, held on 24th April 2002 / 11th Safar 1423, resolved that
Islamic banking institutions may incorporate the clause on undertaking to provide ibra’ to
customers who make early settlement in the Islamic financing agreement, on the basis of
public interest (maslahah).
This clause shall be stipulated under the method of payment. With the inclusion of the
ibra’ clause in the financing agreement, the bank is bound to honour that promise. This
approach mirrors the concept of giving discount on price or reducing the debt of the
customers who make early settlement, based on the concept of dho` wa ta`ajjal, which is
acceptable in the Shari’ah.
The confusion on the issue of uncertainty in price (gharar) does not arise, if the clause on
promise to give ibra’ is stated clearly in the financing agreement.
Issuer: Shariah Advisory Council, Central Bank of Malaysia.