ضوابط عقود المرابحة في البنوك الإسلامية :‏‏ دراسة مقارنة بين مصرف الراجحي وبنك معاملات، ماليزيا / أحمد عبد القادر إبراهيم

Abstract

Observations of the conditions and the rules laid down for the contract of murabahah in Islamic banks is a matter that is of paramout importance. There is a need to determine the classical juristic murabahah and the murabahah practiced by the Islamic Banks in the modern world, due to the similarities and dissimilarities between the two models. Therefore, providing the relevant authorities will allow practitioners to adopt what is in tandem with the Shari’ah and disapprove what is otherwise. This research aims at alerting the practitioners of murabahah in the Islamic banks on the obligation to adhere strictly to the conditions and the rules ordained by the Shari’ah and to explain the modern realities of murabahah transaction and proscribing the innovations that have been introduced to the contract which were originally not part of it. The methodology adopted in this research is the qualitative method through the consultation of relevant literature, which focus on the thematic study of the subject matter. This is followed with analysis and discussion on the contents of the materials used. It is concluded that since there is an explicit dichotomy between the classical murabahah and the murabahah practiced by the Islamic banks/windows in our modern societies. The study also observed that the contemporary implementation of murabahah abides by the rules at various degrees, though the degree varies from the bank to the other and from one country to the other.