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Leasing (Ijarah) is the most common type
of business undertaken by Modarabas. Ijarah is akin to leasing,
more accurately operating lease. It is defined as the transfer
of usufruct of an asset by a lessor to a lessee in exchange
for rent. The ownership of the asset remains with the lessor
throughout the tenor of the lease and at the end of the lease,
the lessee may purchase the asset at a mutually agreed price.
Leasing is carried out either through companies
established under the Companies Ordinance or by Modarabas
established under Modaraba Companies and Modaraba (Floatation
and Control) Ordinance, 1980. Leasing enjoys the privilege
of being regarded as an Islamic mode of financing and conforms
to Islamic principles. Accordingly Modarabas, in particular,
Leasing Modarabas, carry on the business of leasing. Their
documentation is reviewed and approved by the Religious Board
which confirms the compliance of the transactions and the
documentation with Islamic principles.
Modaraba generally treat leases as operating
lease and their documentation is prepared accordingly. However,
most leasing transactions done by leasing companies are in
the form of finance lease and the documentation and accounting
treatment is accordingly in compliance with IAS 17.
Regulatory Framework
The industry is monitored and regulated by Securities
& Exchange Commission of Pakistan. Registrar Modaraba
is responsible for monitoring and regulating leasing modarabas,
within the overall organizational set-up of SECP.
Leasing Companies and Modarabas have separate
regulatory frameworks. However, there are a large number of
common ground rules, particularly in respect of the conduct
of leasing business. The rules and regulations applicable
to leasing are enumerated in the following:
•Companies Ordinance,
1984
•Income Tax Ordinance, 1979
•Modaraba Companies and Modaraba (Floatation and Control)
Ordinance, 1980
•Prudential Regulations for Modarabas as revised by
Securities & Exchange Commission of Pakistan in year 2000.
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