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The Islamic credit card as an electronic payment method: the technical trick in the installment payment contract as a financial product

Ahmad Abed Alla Alhusban (The Hashemite University, Zarqa, Jordan)
Ali Abdel Mahdi Massadeh (The Hashemite University, Zarqa, Jordan)
Haitham Haloush (The Hashemite University, Zarqa, Jordan)

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 18 May 2021

Issue publication date: 11 November 2021

602

Abstract

Purpose

This study aims to examine the validity of the installment payment contract when using the first Islamic credit card (ICC) in Jordan and will explore the hidden techniques that are used to operate such a financial product. The purpose of the study will be achieved by examining the structure and the issues surrounding the first ICC that was introduced to the Jordanian market as a hybrid contract of Qard Hassan (benevolent loan), Murabaha, Wakalah (agency) and Bay‘ Al Ajjal (credit sale). In addition, a further objective is to examine whether this credit card is a Sharia-compliant financial product.

Design/methodology/approach

A qualitative research method approach was adopted to understand the issues, nature and structure of the first Jordanian ICC. This was due to the explanatory nature of the product, the different financial solutions it offered and the fact that the ICC in Jordan is, to date, relatively unexplored. This paper used the technique of content/thematic analysis that involves multiple sequenced steps to analyze these matters.

Findings

The main finding of this research is that the first ICC in the Jordanian financial market has caused a degree of uncertainty. This is because, once a customer decides to choose the installment payment contract option, the bank does not have real possession of the assets in question. The issue of constructive possession has been denied by several classic and contemporary Islamic scholars, including the General Iftaa Department of Jordan. Therefore, it can be seen that the installment payment contract option does not comply with Islamic principles and particular Fatwas that have been decreed.

Originality/value

This is the first study that shows how the first ICC, being a new Islamic financial product in Jordan, operates in relation to the installment payment contract. In addition, focusing on the concept of changing the nature of the contract from a Qard Hassan (benevolent loan) to a hybrid contract is significant, to encourage Islamic scholars to take a clear, legal stand under Sharia law.

Keywords

Citation

Alhusban, A.A.A., Massadeh, A.A.M. and Haloush, H. (2021), "The Islamic credit card as an electronic payment method: the technical trick in the installment payment contract as a financial product", International Journal of Law and Management, Vol. 63 No. 6, pp. 599-628. https://doi.org/10.1108/IJLMA-06-2020-0158

Publisher

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Emerald Publishing Limited

Copyright © 2021, Emerald Publishing Limited

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