n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Contractus trinus and murabaha offshoots for usury : a theoretical and practical approach with regard to Islamic case law on home loans

Abstract

In the research methodology, a text-analytical reading of contractus trinus and murabaha will be undertaken. Islamic judicature (court cases) serves as a practical forum or playground in which the influence of the financial implication of murabaha can be tested.

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The objectives or hypotheses of this research is aiming at academicians, economists, bankers, financial advisors, and the like in order to enable them to make positive contributions (solutions) at policy level for financial contracts such as housing loans. This research is about the discussion of the two concepts - contractus trinus and murabaha - and their application in Islamic case law on housing loans. The question, would the Islamic model been a better alternative than the Conventional model regarding home-loans, is answered successfully in this research.