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Jurisprudential and executive challenges of the civil partnership contract in Iran's banking system and its solution
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Mohammad Zarei1   , Mahdi Roayaei2 |
1- phd, Imam Sadegh University
2- PhD student in Islamic Economics, Research Institute of Hawzeh and University of Research Institute of Hawzeh and University , mahdiroayaei@gmail.com |
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Abstract: (827 Views) |
Efforts were made to design and implement usury-free banking in Iran through the law of usury-free banking operations. One of the ways to deal with usury in this law is the design of partnership contracts, which include civil partnership, legal partnership, mudarabah, mazarah and masakat. Each of these contracts has certain legal challenges that need to be taken into consideration. The main purpose of this research is to examine the jurisprudence of the civil partnership contract and analyze its jurisprudential challenges with the ijtihad method. Also, some of the most important implementation challenges in the country's banking system have also been examined. The results of the research indicate that the most important and basic jurisprudential challenge of this contract is to change the jurisprudential nature of the company contract from a partnership contract to an exchange contract. In the criticism of the provisions of the contract, 13 jurisprudential problems have been raised, the most important of which are problems such as the customer's voluntary management of the company's property, the obligation to compensate for damages, the obligation to purchase the company by the customer, the responsibility to compensate for the loss caused by legal action, and mortgage before proof of debt. , guaranteeing the trustee and committing to pay possible expenses. The most important implementation challenges are the risk of bad choice, regulatory problems, calendar and valuation of non-cash capital and changing economic conditions and market risk. In this regard, in order to solve the mentioned problems and make optimal use of the capacity of the partnership contract, it was suggested that in addition to reforming the channels of money entering the bank through amending contracts and training and justifying employees, managers and people, the channels of money entering the banking system should also be separated. This will increase the expertise of banks in certain areas and increase the quality of their work. |
Article number: 14 |
| Keywords: Company contract, civil partnership, usury-free banking, jurisprudential challenges, executive challenges |
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Full-Text [PDF 327 kb]
(275 Downloads)
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Article type: Research |
Subject:
Special
Received: 2024/03/6 | Accepted: 2024/05/10 | Published: 2024/12/30
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