Document Type : Promotion Paper

Authors

• Mohammad zarei ¹
• mahdi roayaei ²

¹ PhD in Jurisprudence and Principles of Islamic Law

² Research Institute of Hawzeh and University

Abstract

The results of the conducted research indicate the existence of some jurisprudential and administrative problems and challenges in the usury-free banking system. In such a way that if the company implements the current situation of the banking system of Iran by relying on the company contract, it is clear that this system has many legal problems and shortcomings, at least in the scope of the partnership contract (such as determining the time, commitment to settle the account on maturity, voluntary management The customer faces the obligation to compensate damages, fines for violations, etc.) and enforcement (such as the risk of bad choices, regulatory problems, calendar and valuation, increased bank costs, information problems, etc.). Considering these challenges, it seems necessary to review and even redesign partnership contracts in the interest-free banking system. Therefore, in this research, while enumerating the most important jurisprudential and executive challenges and stating the necessity of redesigning the banking system in the field of cooperative contracts, the most important foundations and general principles of this matter have been examined. These foundations can be generally divided into two categories: positive foundations and negative foundations. The most important positive principles are economic justice, circulation of property, the requirement of a contract, compliance with the principles and interests of the Islamic system. Also, negation of usury, negation of cruelty, negation of gharr, negation of harm, negation of false wealth, negation of hardship and harm can be mentioned as negative principles.

Keywords

• Partnership contract
• usury-free banking
• jurisprudential and executive challenges
• partnership contract redesign
• negative and positive principles

Main Subjects

• Science - Research (Islamic Banking)