Document Details

Document Type : Article In Journal 
Document Title :
Is it Permissible to Provide Guarantee of Capital in Mudarabah ?
تعليق هل يجوز في المضاربة أن يضمن العامل رأس المال
 
Subject : Discussion Forum 
Document Language : Arabic 
Abstract : The proposal of Al-Tigani Abdulgader that the user of Mudarabah fund (here it is the bank) should guarantee capital of the owners (depositors) is the subject of objection as there is mixing of contradictory loan and partnership. It is also conflicting with the principle of “the gain is tied with risk of loss” and the rule that one is entiled of profit only if he is ready to bear the responsibility. In addition, it is, in a way, a return to the practice of interest under different name. Interest is nothing but the gurantee of the deposit and something more? The proposal is not new. Earlier Muhammad Baqir al-Sadr, Sami Hamud, Jamal al-Din Atiah, Sayyid Tantawi, Husayn Hamid Hassan and Muhammad Shawqi al Fangari have also suggested it. The issue had already been discussed in the old flqh literature and unanimously rejected by all jurists, except alShawkani. It is not wisdom or intelligence to prohibit interest first and then return to it through various subterfuge and legal stratagems. 
ISSN : 1018-7383 
Journal Name : Islamic Economics Journal 
Volume : 16 
Issue Number : 1 
Publishing Year : 1424 AH
2003 AD 
Number Of Pages : 5 
Article Type : Article 
Added Date : Sunday, October 11, 2009 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
رفيق يونس المصريRAFIQ YUNUS AL-MASRIResearcher  

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