نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The Murabaha contract is one of the contracts regulated by the Central Bank, which has been used in the banking system for ten years within the framework of upstream laws and instead of usurious loans. The use of complex and legal literature in its formulation, as well as the relatively long text, has led to its provisions being less subject to jurisprudential scrutiny. The present study, within the framework of the ijtihad method, with a descriptive-analytical method and adopting a critical approach, has subjected the aforementioned contract to jurisprudential scrutiny. First, the basis for adopting a standard fatwa in banking contracts and some other foundations required in this discussion were discussed, and then the jurisprudential problems of the contract were extracted. The results of the research show that the Murabaha contract used in the banking system faces some problems, including that this contract, as interpreted in the banking system, is nothing more than an agreement or power of attorney, and signing it does not create an obligation for the parties to adhere to its provisions. To solve this problem, the contract can be interpreted in such a way that it becomes a sales contract. The written composition of the contract is another problem that the contract faces. Obtaining a purchase commitment from the customer as well as Murabaha for services are also other drawbacks of the contract. Suggestions have been made to resolve some of these problems, and others have been answered based on the basis adopted in the standard fatwa.
کلیدواژهها English