Document Details

Document Type : Article In Journal 
Document Title :
Notes on Jurisprudence of the Islamic Banking
ملاحظات في فقه الصيرفة الإسلامية
 
Subject : Articles  
Document Language : Arabic 
Abstract : Islamic banking has witnessed a noticeable leniency and Islamic bank’s enthusiasm has declined. In fact they are now in a defensive position due to the dubious condition created by contemporary juristic opinions, as they started arguing for the guarantee of mudarabah deposits, which, in substance and for all practical purposes, means that the duration of deposits shall be determining their share in the profits. It is almost impossible, in the wake of frequent depositing and withdrawal, to calculate them on the basis of recurring profits. As for rnurarabah is concerned, which is the dominant form of investment for most of Islamic banks, it has gone far away from the actual fonn of murarabah sale as drawn by the knowaJIqhi schools. Basically, it was a kind of obligatory sale promise with fill description of the object though not free from doubt& The methodological research in contemporary application of the two contracts - murarabah and mudataba - is the object of this paper in order to understand points of defects in their application and to offer possible suggestions to avoid them by pursuing the banking operation, starting form its simple form to its more complicated and compound one, whether for securing resources or investing them. Indeed, making clear the fig/mi condition and keeping away from the vested interests, provide firmnes in the functioning of the Islamic bank and strengthening its position. Thus, the bank has to work either as mudarib, bearing the risk and sharing the profit, or as an intermediary, receiving fixed payment without bearing any risk. As for murabahah is concerned, one should abandon making it an absolute binding promise and opt for relinquishing the idea of promise altogether to get out of the dubious circle which stands as a hurdle betwten the bank and the public. 
ISSN : 1018-7383 
Journal Name : Islamic Economics Journal 
Volume : 16 
Issue Number : 1 
Publishing Year : 1424 AH
2003 AD 
Number Of Pages : 72 
Article Type : Article 
Added Date : Sunday, October 11, 2009 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
عبدالجبار حمد عبيد السبهانيABDULJABBAR HAMAD UBAID AL-SUBHANIResearcher  

Files

File NameTypeDescription
 21121.pdf pdf 

Back To Researches Page