ISLAMIC FINANCE RESEARCHES
Year:2019 | Volume:8 | Issue:2 (16) |Papers Count:8

Transactions based on secret information has always been one of the most important issues in stock exchanges is. Traders with inside information on two categories of traders first hand (people who have a legal relationship with the Company publishers) and traders second-hand (traders without having the actual directly with publishers who through intermediaries as scheduled or random data secret, have ) are divided and that their decision based on inside information can be bought and sold. In this study, the definition of inside information, a variety of trading with inside information and approaches and theories with respect to insider trading, the topic losses from trading with inside information discussed and that losses from trading with inside information how to compensate. In the next section the analytical method to the analysis and implementation of this type of transactions with principles and standards of jurisprudence including a ban on the harm and losses, to ban cheating, deception, usurpation of property, prohibition as Rkban paid ban the harm and losses, the prohibition of misrepresentation, unlawful seizure of property and breach of trust, including those for legal ban on trading by insiders can be mentioned.

Banking transaction is one of the most important economic issues in the Islamic society which faces many challenges and problems. One of the most important arguments in this field is about parties’ intention. Since Shiite jurisprudences consider that contracts are dependent to parties’ intentions, the question is that whether the criteria in contracts is the intention to use or the intention to create? And because both parties may not be acquainted with the religious contracts, is this contract valid or not? This research is descriptive-analytic attempts to the jurisprudential principal whish says “ contracts are dependent to the intention” and adapt it with banking transactions. It seems that contracts are dependent to the parties’ intention to use not their intention to create or their real intention. Therefore signing the banking transactions in which the status of parties’ is determined before is sufficient to verify the contract and solve this problem.

The concept of "citizenship rights", despite the ancient civilizations, has been replaced by new terms that, with the definitions presented, cover a wide range of areas of life, including in the political, security, judicial, and cultural fields., Social and economic. One of the most prominent economic activities is stock trading in stock markets and over-the-counter markets. The observance of citizenship rights will guarantee the health and efficiency of these markets. The question that arises is what is the guarantee of enforcing citizenship rights in securities transactions and how investors in securities can ensure their rights? To answer this question, it is necessary first to clarify the case law of citizenship in securities transactions and then to the role of the Securities and Exchange Organization as a market leader in determining the guarantee of its implementation and its application. Transparency of corporate information, prevention of violations and crimes, handling of complaints and litigation, including cases of citizenship rights in securities transactions, which, as the case may be, lead to civil, disciplinary and criminal liability. The Stock Exchange Organization, as the capital market observer agency, has, by creating the necessary structures, has tried to provide the necessary foundation for the observance of citizenship rights to investors. Despite the efforts made, it seems that there are drawbacks and drawbacks that have put at risk the attainment of citizenship rights, which required a review of the relevant regulations.

At the moment, Iran needs an urgent development of its infrastructure but the government's financial resources are not high enough to afford such expenses and on the other hand, the mismatch between the short-term resources of banks and long-term expenses of projects, has made it inappropriate to finance long-term needs through banks. In this regard using the private sector's resources through the capital market can be a good solution for this problem. The main objective of this research is to design and juridical study of Ju'alah securities to finance infrastructure road transport projects in capital market of Iran. By applying the Delphi method or experts survey, the juridical aspects of the newly designed Ju'alah securities to finance infrastructure road projects were studied and two operational model for it were approved by experts in which: (i) the contractor builds the project for certain amount of money that the government should pay. This model is suitable for Build, Transfer and Lease (BTL) contracts and alike, (ii) the contractor builds the project for the right to operate it for a specific time period. This model is suitable for Build, Operate and transfer (BOT) contracts and alike.

The intensification of credit risk and increasing the volume of non-performing loans of the banking system in recent years creates a potential crisis in the Islamic Republic of Iran’ s riba-free banking system. before the occurrence and realization of social and economic crises in the country it is necessary to provide appropriate solutions of course, in accordance with the native requirements. To achieve this goal, in this research in order to a better understanding the the issue, by a relatively comprehensive review of internal and external resources factors affecting the intensification of credit risk were identified. Then, by using Delphi method according to expert opinions similar factors combined and 15 major factor (8macro or exogenous and7micro or endogenous factors) as the most important factors affecting on the issue were determined. Then based on the experts opinions (the CEOs of the country's banks) by using fuzzy DEMATEL method, internal communication and the importance of these factors determined. Accordingly increase in risk taking acts in banks managemet, features of the usage, intensifying recession, banks structural problems, and weakness in supervision and following bank’ s claims process have the greatest impact and the importance on increase in non-performing loans credit risk in the iran’ s banking system. Also banks structural problems, rising inflation and exchange rate, lack of independence in banks for dealing with loans, weakness in the process of evaluation loan application, intensifying the political and economical risks, and legal problems for prosecution non-performing loans are as affecting factors, and other factors are affected.

Major equipping and allocation of credits in the Iranian economy is carried out by the banking system. Therefore, considering the role of banks in the economy, especially the financing of economic enterprises, the impact of banking facilities through various contracts on the phenomenon of stagflation is essential. The bank credit channel is one of the channels of monetary transfer in the mechanism of monetary policy transfer, and monetary policy of the central bank is implemented through a variety of contracts through a bank crediting channel. In this research, the effect of Participative contracts, exchangeable contracts, direct investment and Qarzol-Hasaneh contracts in free usury (interest) banking on Stagflation in Iran has been studied. For this purpose, by Using the seasonal data of Islamic-based facilities along with exchange rate, oil revenues and government expenditures variables during the period of 2000-2016, within the framework of the BVAR model and the Normal-Wishart prior of Sims-Zha has been evaluated. The results show that increasing the level of facilities within the framework of Participative contracts, direct investment and Qarzol-Hasaneh contracts leads to a relative and limited increase of stagflation, and in contrast to the exchangeable contracts, leads to a reduction of stagflation.

The expansion of the growing volume of non-demand claims in addition to locking up and freezing of resources and slowdown of liquidity in the economy, reducing accreditation, the lack of optimal allocation of resources when providing facilities to productive customers. Factors such as bank performance in granting facilities, the manner in which banks are valued, the volume of facilities granted, changes in assets and capital of the bank, and macroeconomic and financial conditions such as inflation, exchange rate and profit rate are factors affecting the volume of non-bank claims. An important part of the financial demand of the clients of the money and capital market is the Islamic financial system with the aim of paying off (non-current) debt, and the available resources have the capacity to pay for non-regular consumer debts in the form of Islamic contracts, which reduces formal and assurance operations. Society will strengthen the financial system. In this research, using descriptive-analytical method using library resources using questionnaire and utilization The TOPSIS and AHP method, while referring to the concept of custom resources, the characteristics of these sources, by examining the three contracts of purchase of religion, the lease on condition of ownership and predecessor, and their role as free and desirable resources in reducing claims Non-current, Hypothesis "Use of custom resources and their role in collecting non-bank claims" Reviewed. The results of the research show that in addition to the ability of three contracts to reduce non-claims in the banking system, the contract of purchase of religion has the most ability and ability to use in the banking system to solve the problem of collecting non-current claims.

Islamic accounting is an information system that deals with reporting the value aspect of financial and non-financial events occurring in the economic unit with a focus on Islamic criteria. The aim of this study is to evaluate the knowledge and understanding of accountants of the Islamic accounting using second-order confirmatory factor analysis technique (SOCFA). The study ahead is a quantitative one, and the required data was collected through collecting questionnaires and simple random sampling of 114 academic and professional activists to test the model, and SOCFA was used with Lisrel software. The results showed that all of the factors o the model including perceived value, attitude, attitude, subjective norms, and willingness have a good fit and perceived value, subjective norms, attitude, and willingness have the highest fitness respectively. Moreover, the comparison of factor loadings of all factors showed that "fulfilling the financial needs of Muslims" of "perceived value" variable has the highest factor loadings. As a result, it can be understood that to spread of Islamic accounting, while considering all the factors mentioned above, managers and planners should set fulfilling the financial needs of Muslims as their first priority.