الأجرة على الضمان : شركة تأمين الودائع الماليزية نموذجا

Abstract

This study focuses on the concept of charging compensation against a guarantee. It is a controversial contemporary Shari' ah issue. In the beginning, the key terms of the research namely compensation and guarantee are defined literally and technically according to Muslim jurists from different schools of jurisprudence based on Al-Qur'an and Sunnah. Divergent views of scholars concerning taking compensation against a guarantee are highlighted; first the view and the arguments of those who are against the practice - they are mostly classical scholars and some contemporaries followed by the views of the advocates of its permissibility by contemporary scholars. After examining their views, the study supports the views of those against the practice, especially in principle. On the practical level, it studies the experience of the Malaysian Deposit Insurance Corporation by examining its practices in the light of Shari'ah. The findings of the study suggest that the legal basis of such practices are not convincing. Hence, it concludes by proposing a new model for a guarantee on deposits. The new model is based on mutual insurance and co-operation or Takaful. The study adopts inductive and analytical methods for surveying and analyzing the views of the scholars, both classical and contemporary. It also uses comparative and preponderance methods for the purpose of striking a balance between the opinions of the scholars, and preferring one to another. In addition, a critical analysis is used in order to evaluate the Malaysian Deposit Insurance Corporation.