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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 Type
Dr Grade
Email
عبدالجبار حمد عبيد السبهاني
ABDULJABBAR HAMAD UBAID AL-SUBHANI
Researcher
Files
File Name
Type
Description
21121.pdf
pdf
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