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Re-Examining The General Requirements of Common Banking Contracts with An Imposed Scale and Unfairness
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Majid Aziziyani *   |
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Abstract: (90 Views) |
In Islamic economic jurisprudence, one of the main conditions for the legitimacy of investment and capital circulation is the need for the capital to function and the profit from its circulation to be allocated to the investor, unlike banking in Western countries where the interest or benefit is due to the provision of capital regardless of its economic function. take While banking operations in the conventional way mentioned in the Islamic system are rejected due to the sanctity of usury Conducting banking operations in the form of specific Sharia contracts through unified forms of bank contracts approved by the Money and Credit Council in 1394-1392 is one of the functions of Islamic banking to avoid the suspicion of usury, which in this article will be reviewed and reviewed unified forms. The form of bank contracts approved by the Money and Credit Council, which are based on certain Islamic contracts, and it will be discussed to what extent and in a real way, the necessity of working capital and profit allocation will be discussed. Its circulation has been emphasized to the investor. On the one hand, banks, as strong parties, do not have the option to increase or decrease uniform forms and are inevitably required to accept or not accept them. On the other hand, due to the main characteristic of additional contracts, it is one-sidedness, inequality and imbalance, which is included with conditions favorable to the strong party, and the other party is forced to accept it due to being in an emergency situation. The research method in this article is by examining jurisprudential, legal and judicial foundations in a descriptive analytical style with an applied method.
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Article number: 6 |
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Full-Text [PDF 614 kb]
(62 Downloads)
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Type of Study: Theoretical Article |
Subject:
Monetary Policy, Central Banking, and the Supply of Money and Credit (E5)
Received: 2023/09/29 | Accepted: 2024/01/27 | Published: 2024/09/11
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