نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The Murabahah 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 terminology in its formulation, as well as its relatively lengthy text, has led to its provisions being less subject to jurisprudential scrutiny. The present study, within the framework of the ijtihad method, using 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 necessary foundations were discussed, and then the jurisprudential problems of the contract were extracted. The results of the research indicate that the Murabahah contract used in the banking system faces certain problems, including that, as interpreted in the banking system, it is nothing more than an agreement or power of attorney, and signing it does not create any obligation for the parties to adhere to its provisions. To resolve this issue, the contract can be interpreted or modified in such a way that it becomes a sales contract. In clearer terms, the bank sells the subject matter of the contract to the customer in general terms (on a fi al-dhimmah basis); then, either directly or by granting power of attorney to the customer, it proceeds to purchase and deliver it. Relying solely on signing the contract instead of oral formulation (inshā), as well as obtaining a purchase commitment from the customer, are among the other problems of the contract. In this article, suggestions have been made to address these problems, and some existing proposals have also been reviewed.
کلیدواژهها English
