المشاركة المتناقصة وتطبيقاتها المعاصرة في القطاع العقاري في بنك البحرين الإسلامي : دراسة تحليلية مقاصدية في ضوء التجربة الماليزية

Abstract

This research studies the Diminishing Partnership (Musharakah Mutanaqisah) and its contemporary applications in the real estate sector in Bahrain Islamic Bank; an analytical study in light of the Malaysian experience and its related rulings, and of the problems that prevented its spread as required in most of the Islamic banking experiences. The study examines the experiences of Bahrain and Malaysia through selected models in light of Shariah objectives in four chapters. The first chapter is on the research plan and its general structure, the second chapter is on Diminishing Partnership and its rulings, the third chapter is on Shariah objectives of Diminishing Partnership, and the fourth chapter examines Diminishing Partnership’s applications in real estate sector in Bahrain Islamic Bank in the view of the objectives of Shariah and the Malaysian experience .The researcher adopted an inductive approach to track the basic terminology and concepts consisting the research elements and an analytical approach in explaining the concept of Diminishing Partnership, studying the opinions of Muslim scholars, problems and criticism raised about it and presenting them to Shariah texts (Quran and Sunnah) and general rules, in light of public and private Shariah objectives, and the objectives it achieves. The researcher relied on a model of contracts applied in Bahrain Islamic Bank to benefit from in practical application. The research reached a set of results, the most important of which are: The contract of Diminishing Partnership is Islamically permissible, when it takes into account the general partnership's regulations and its related regulations. Diminishing Partnership achieves a wide range of Shariah objectives in funds. Some of the reasons that prevent Diminishing Partnership contracts from being popular are the credit, ethical, and legal risks. And most banks resort to debt-based finance at the expense of equity-based finance (contracts of participation) and the lack of its legislations. The comparison between Bahrain Islamic Bank and the Malaysian experience (through some samples) shows there is a similarity between their establishment systems which enhances the importance of the outcome. The researcher concluded a set of recommendations, the most important of which are: the necessity of relying on the principle of partnerships because it is one of the most fundamental differences between Islamic and conventional, usurious banks.