Wasai'l al-istimrar lilhisabat al-istismariah lidao al-masarof al-islamiah:dirasah naqdiyah fiqhiyah

• Main Author: Muhammad al-ula gholi, Muhammad
• Format: Thesis
• Language: Arabic
• Published: Universiti Sains Islam Malaysia 2018
• Subjects: Islamic Banking
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/16016

This study aims at highlighting the importance of the Islamic Banking Systems of investment and the judicious distribution of its profits to the investors who deposit their money in investment accounts with the these Banks. The researcher depends, in his research, on the deductive and analytical approaches in order to acquire the desired results. The study has found out that the investors deposit their money to the Banks for investment due to the Shari'ah various means of investment that attract the desired profits; that the Bank distributes the profits earned through these means to the depositors based on the agreed terms by the parties to the contract; and that the Islamic bank came-up to meet the wishes of the Muslim communities in finding channels to handling bank dealings, away from the use of interest rates and usury. The study therefore sheds more light on the establishment of Islamic banks and the objectives for which they are established; on the roles they played in the Muslim community and the explanation of what these banks do for the investment of funds deposited with them in accordance with the laid down guidelines by Shari'ah. It shows the means by which the Islamic banks deal with investment and funding with the money placed in the investment accounts; such as contract of partnership, like Al-Mudarabah (profit sharing contract) and Al-Musharakah (profit and loss sharing contract); the investment by Agency contracts; Tawarruq Contracts (purchasing an assets with deferred price, either on the basis of musawamah or murabahah then, selling it to a third party to obtain cash); Murabaha (sale contract with a disclosure of the asset cost price and profit margin to the buyer); Ijara (lease contract); Salam etc, in accordance to what has become common practice in Islamic law of contract and, for the purpose of waging war against the forbidden usury. Finally, the study exposes the risk in distorted sale contracts and transactions that are based on usurious bank interest. It discusses the opinions of contemporary jurists and their way of deducting Shari'ah legal provisions that are applicable to Islamic financial institutions. It also touches the methods adopted by these banks on the distribution of the profits to the owners of these investment accounts.