Validity of the Profit Guarantee Condition in Favor of the Bank in the Civil Partnership Contracts of the Bank
Journal: International Journal of Nations Research (Vol.7, No. 81)Publication Date: 2022.08.21
Authors : Peyman Asadbeigi;
Page : 87-117
Keywords : Credit; Profit; Usury; Islamic Banking; Civil Partnership;
Abstract
One of the most important issues is earning profit from individuals and financing from banks, which have always been favored by Muslim thinkers since the past to investigate the nature of banking operations in order to adapt the issues with the Sharia and Islamic standards. In this article, the legality or illegitimacy of banks' participation contracts that contain the condition of profit guarantee is explained with analytical-descriptive method. The goal is to provide a solution based on jurisprudence and legal standards in order to protect the legitimate interests of individuals and realize the economic goals of banks. Civil partnership can be considered as one of those newly founded contracts in the field of Islamic banking law, which is based on the company contract and is usually common and widely used in the financial-banking system of Islamic countries, including Iran, and always due to non-compliance with the relevant systems. It has created many problems for the parties, so the central bank has tried to find a practical solution for financing banks and interested parties, such as the use of standard civil partnership contracts, which is rejected by jurisprudence and Do not be rejected.
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