المداينة في المؤسسات المالية الإسلامية أحكامها وآثارها:دراسة فقهية تحليلية

Abstract

This thesis focuses on the authenticity of al-mudayanah in both Islamic fiqh and Islamic financial institutions, and the modern applications of al-mudayanah contracts, process of proof, its settlement options, the causes of non-performing loans and their impacts. The thesis explains the concept of al-mudayanah in both Islamic fiqh and in Islamic financial institutions, its legalizations, its roles, and its relevant terms. It then explains the definition of Islamic financial institution, its roles and its differences with conventional financial institution. It also addresses the contemporary applications of al-mudayanah contracts, its means of proof, and its settlement options. After that, the thesis explains the causes of non-performing loans and how their various adverse effects impact the living standards of individuals, communities, institutions, and governments and its solutions. The researcher uses the inductive approach for the references and sources, the comparative method to compare the differences between the old al-mudayanah, the modern Al-mudayanah and the different scholars’ perspectives on this issue. The analytic method is used to analyze the modern applications of al-mudayanah contracts to know its concepts and provisions. Finally, the researcher concludes that the new al-mudayanah contracts are permissible and have their concept in Islamic fiqh. And the causes of non-performing loans are caused by a personal or an institutional ignorances in debt, and a strict role applied by a government on to Islamic financial institutions.