معالجة تعثر الديون في الفقه الإسلامي : دراسة تطبيقية في بنك البلاد السعودي

Abstract

The study aims at clarification of default debts treatment concept and identifies protective and remedy actions taken by Saudi Islamic banks to deal with the issue of default debts and the upcoming issue according to Islamic law (Shariah) the case study of Bank Al Bilad. The researcher adopts library and descriptive methodology to discuss procedures taken by Saudi Islamic banks to deal with defaults debts in line with Saudi financial and mortgage policy. The researcher, through the analytical deductive method, adapted the procedures, and studied them according to Fiqh to determine their Shariah provisions. The researcher assessed the application of Bank Al Bilad for the related procedures which include the resolutions of the Shariah Board of the Bank, the answers to the questions prepared for this purpose, and the samples of the contracts used. The study concluded that excessive debt is one of the most important reasons for default. Most of the preventive measures required by the bank are permissible from Shariah perspective but should not be applied to the insolvent customers who are supposed to be give chance to defer the payment. The research also suggested that salary collateral, pre consent to liquidate the mortgage and making a condition to insure the mortgage are not permissible to the banks to take them as preventive measures. The study concluded that one of the prohibited remedial actions that the bank deals with is debt role over (qalb al dayn). The researcher recommended that Islamic banks must adhere to their slogans, profit-risk-sharing, and reduce the debt based instruments and replace them with equity-oriented instruments which are more in line with their principles and with Maqasid Al-Shariah. This research recommended that the customer’s money in the current account can only be regarded as collateral after prior getting their permission, and that the increase of profit should not be imposed in the event the instalments become due in sale based financing and its cancellation as well as ijarah and to avoid debt roll over which can be replaced with qard hasan rescheduling.