(Accountability for Mistake in Contemporary Financial Contracts: An Applied Juristic Study)

Abstract

ABSTRACT The researcher has diligently worked to articulate the influence of accountability for errors in banking institutions. The research aims to address the liability for error in Islamic banking contracts, determine the error liability in banking transaction contracts, clarify the concept of error in banking contracts, the areas of error and its elements in banking contracts, the nature of contracts, the controls for proving responsibility for errors in banking contracts, and the implications of that, and the obligations of liability for errors in banking contracts, and the role and principles of governance in Islamic banks in controlling and correcting contracts. As well as the Sharia committees and their bodies in correcting contracts and avoiding mistakes in them, then showing models of banking contracts that banks deal with, and highlighting the error while correcting it through the texts considered from the sources of Islamic legislation agreed upon by the jurists, may God be pleased with them all. The research is conducted based on three approaches: the inductive approach relied on the sources of legislation, the scientific references specialized in explaining the investment of money, the statement of investment banking contracts, its fields and how to avoid error, and the analytical approach worked on evoking the concept of error, its fields, the most important ways to avoid it and how to determine the responsibility for banking contracts. The researcher conducted personal interviews with Islamic banking employees, especially Bank of Egypt for Islamic transactions, the administrative, legal and legal evaluation of Bank of Egypt’s contracts for Islamic transactions, and the role of Sharia control in Bank of Egypt’s Islamic transactions branch and avoiding error in transaction contracts, whether in the types of investment certificates, or loan contract, or Istisna’ contract or Mudharabah contract, and the implications of that through dealing with investors in Bank of Egypt, determining responsibility and avoiding error in it, And to avoid errors within them, employing a comparative approach and engaging in discussions based on evidence with meticulous consideration.and the United Bank. The results of the research indicated that the error is inevitably possible, whether it was intentional or unintentional. If it was intentional, the owner is sinful and he has to guarantee the value or the same, and if he was intentional, he must guarantee the value or the same, because the people’s money is safeguarded, and it is possible to avoid the error in Islamic banks if they deal with the correct legal contracts.