عنوان مقاله [English]
نویسندگان [English]چکیده [English]
The Common method to prevent non-performing receivables in the banking system, is determining considerations for delayed payments. This solution is not a good strategy for some reasons such as practical distort in nature of consideration, lack of sufficient legitimacy, usury problem, inattention to customer insolvency, and same deal with all customers.
The main question of the paper is "Is it possible to present a solution for the problem of non-performing receivables that in addition to the necessary legitimacy, also have good performance too?" This article seeks to analyze and describe the method of using the Shiite jurisprudence to investigate the hypothesis that financial ta'zir can be considered as the optimal method. In the other words, people who despite the financial ability refuse to pay their debts on time, are sentenced to pay a financial ta'zir. In this way the judicial system, which is responsible for punishing offenders, delegates the gathering of penalties to the banking system. The second solution is to determine the Governmental penalties. In this way the government in order to protect the financial interests of the society and country, can regulate the facility's rules so that borrowers are required to make timely payment of debts and financial obligations and in case of violation of this legal obligation, they are obliged to pay as penalties. In this method, the government can allocate part of the ta'zir to the banks as loss compensations.