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Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2008
  • Volume: 

    8
  • Issue: 

    30
  • Pages: 

    69-97
Measures: 
  • Citations: 

    3
  • Views: 

    4382
  • Downloads: 

    0
Abstract: 

Istisna is a contract which has an extensive using nowadays. This usage has been broader after its bilateral mandatory, because of its nature and character, which announced by Islamic Conference Organization on Jurisprudential Assembly. It has been arisen because in one hand buying and selling final goods were not enough for different needs of individuals, firms and government, and on the hand other contracts such as Salaf, Ijara and Joala couldn't finance different and spreading needs because of their special constraints.Authorities on matters of religion believe that this contract is accurate only as an independent contractor in a sale, Ijara, Joala and Solh framework. Therefore banks and financial institutions can finance their privet and state and public sector plans by this contract and be broker among big companies and industry owner. Experience of other countries in this field is very useful.It is proved in this paper that banks can remove difficulties on recourse allocation by using Istisna contract and also it is absolutely scientific to use this contract in Islamic banking in Iran while its theoretical and applied field is provided.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    34
  • Pages: 

    9-35
Measures: 
  • Citations: 

    0
  • Views: 

    135
  • Downloads: 

    0
Abstract: 

contractual incompleteness is essentially related to the “, unverifiability”,condition and “, enforceability”,condition. In the complex and uncertain economic environment, financial contract is incomplete. contractual incompleteness decrease contract effectiveness. We analyze banking contracts with respect to incomplete contract theory. The results show that the banking contracts in Iran are incomplete. Because of high transaction cost, uncertainty, ambiguity, complexity and unenforceable contract, lead not to perfect implementation of commitment. The fact that contracts are incomplete allows for opportunistic behavior of entrepreneur and hold-up bank inside credit contract. Some mechanisms needed for gap filling in incomplete contract. In banking contract this mechanism is designed in relationship banking that help to balanced bargaining power between parties and can reduce problems caused by contractual incompleteness.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    6
  • Issue: 

    17-18
  • Pages: 

    33-46
Measures: 
  • Citations: 

    0
  • Views: 

    2056
  • Downloads: 

    0
Abstract: 

Core banking system is a fundamental solution for the centralized core  of  banking business, the main solution to centralize all data and critical processes. So that the changes create new services, responding to customer needs and also provides the necessary information to better manage organization in less time and with most Accuracy. But, implementation and deployment in bank faces with serious challenges.  This Thesis also outlines the dimensions and angles of the banking system, establish Obstacles of this system in Sepah Bank were discussed. the main obstacles classified to four financial, technological, social / cultural and managerial. And the effectiveness of each system was investigated. this research done at the 150 community levels involved in deploying a Core banking, including Sepah Bank, Bank Subsidiaries and contracted personnel. A questionnaire with 26 questions was distributed among 85 cases of which 60 were full questionnaire. Questions were designed on the basis of the whole five-point Likert situation. According to prove normal distribution of data T-parametric tests were used to prove the hypothesis. The results showed that technological and managerial factors in the establishment of a Core banking system are more effective at Sepah Bank, in priority. However, the influence of social / cultural and financial establishment of a Core system of banking in Bank Sepah was not proved.

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Author(s): 

NAJI MEHDI

Issue Info: 
  • Year: 

    2019
  • Volume: 

    54
  • Issue: 

    2
  • Pages: 

    465-485
Measures: 
  • Citations: 

    0
  • Views: 

    1458
  • Downloads: 

    0
Abstract: 

As the main incentive of a bank, as an economic agent, is gaining profit, the prohibition of lender asking borrower any bonus out of Qardh in Islamic Shari'ah have marginalized this type of contract in Islamic banking system and, in contrary to conventional banking system, let other types of Islamic contracts be replaced. Although Qardh contracts face serious limitations in Islamic transactions, compared with other types of contracts used in banking systems, this type of contract have significant economic and juridical advantages, which should not be ignored. The major question in this study is whether utilizing profitable Qardh in a Riba-free banking system possible. Based on an analytical-descriptive approach, this paper tries to evaluate the possibility of utilizing a profitable framework in which Qardh, like other Islamic contracts, can be used in a Riba-free banking system. Having studied the characteristics of Qardh contracts, and the necessity of distinguishing the general concept of "Qardh" from special concept of "Qardh Hassan" in Islamic Shari'ah, this study points out some advantages of this type of contract and introduces a mechanism in which a profitable Qardh has been utilized in a Riba-free banking environment.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    1 (25)
  • Pages: 

    219-252
Measures: 
  • Citations: 

    0
  • Views: 

    307
  • Downloads: 

    0
Abstract: 

Despite the prominent role of profit-loss sharing (PLS) contracts in theoretical literature of Islamic banking, the share of these contracts in Islamic banks is still very small. Studies identify the agency problem as the most important barriers to use such contracts in practice. Using a repeated game model, in this paper we show how the existence of a system memory (keeping the history of investment proposals and projects, agents´ performance and their ratings) in Islamic banks might alleviate the asymmetric information problem and facilitate the implementation of PLSs.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    10
  • Issue: 

    37
  • Pages: 

    37-56
Measures: 
  • Citations: 

    0
  • Views: 

    1834
  • Downloads: 

    0
Abstract: 

One of the bank contracts which is significant in both allocation and equipping of sources is limited partnership contract. The agent in this contract is considered as trustee and his claim on termination of stock without being excess or negligent is accepted. He would be agent‘s associate in both benefits and losses. Therefore this contract won’t have an economic justification in banking operations, so in order to keep limited partnership contract in banking contracts and also put the liability of stock on the agent, the Islamic researchers have suggested some solutions like condition of liability to be brought as an implicit alternative contract. However, two aspects are to be considered for validity of condition of liability; first, it should not be against the exigency of the contract of liability and second it should not be opposing with Quran and narrations. Although some are arguing about the nullity of condition of liability if it is against the exigency of contract, we will try to review and discuss about that theory based on narrations and approaches of lawyers and Islamic scholars and finally we would suggest a new theory which is called “disaccord of condition of liability with Quran in limited partnership contract”.

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Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2023
  • Volume: 

    22
  • Issue: 

    88
  • Pages: 

    97-120
Measures: 
  • Citations: 

    0
  • Views: 

    68
  • Downloads: 

    6
Abstract: 

Today, Islamic contracts are one of the tools of economic jurisprudence in order to change the attitude towards interest-free facilities, as opposed to conventional banking. Emphasizing on the practical procedure of banks and the economic analysis of the rights based on judicial practice, it is important that the bank generally seeks to obtain a certain amount of profit regardless of the actual results, that the spread of such a thought of the concluded transaction towards the usurious transaction. It creates ambiguity in the distribution of profits between the agent and the bank and creates the image that the actual legal act is not approved by jurisprudence and civil law.Johesh aims to use a descriptive-analytical method to examine the concept and introduction of the contract of goods in equipping and allocating financial resources of Islamic-Iranian banking, to explain the ineffectiveness of some contracts based on realism, and to explain the incorrect jurisprudence and the failure of usury-free banking in practice due to Analyze the misunderstanding of the functions and duties of contracts. As a result, it seems that the way out of this problem requires structuring in the implementation, focusing on the analysis of the neglected capacities of the verses of the Qur'an (Kanzal-Irfan) and the rules of the Qur'an (Jisas) with the application and usefulness of the contract of goods in usury-free banking by compensating for the shortcomings of the phenomenon of curtailing the effectiveness of contracts. Through the creation of facilities, it is a confirmation of the position of economic jurisprudence and civil law.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    2
  • Issue: 

    1 (3)
  • Pages: 

    7-38
Measures: 
  • Citations: 

    0
  • Views: 

    1680
  • Downloads: 

    0
Abstract: 

Banks' major responsibility, as the largest financial intermediaries, is to provide and allocate resources. This activity has its own risks which cause banks to seek ways of preventing or transferring them to other places. Islamic banks as substitutes of conventional banks in Islamic countries have, in their turn, faced similar risks.In regard to new evolutions in banking industry and many countries' recourse to the Islamic banking against conventional one, and the assumption that there is some remarkable difference between the two due to the existence of a legal system called Islamic contracts, it is necessary to consider the state's supervision on them and compute risks and differentiate between different types of Islamic contracts.This article, after reviewing researches done in the area of risk management in Islamic banking, first examines risks' theoretical bases and the management of various risks in usury-free banking based on different ways of resource allocation. Then research hypotheses are reviewed by using T statistical test. The results of this research imply that conventional and usury-free banking risks in Iran don't show a significant difference except in liquidity risk and operational risk.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    13
  • Issue: 

    49
  • Pages: 

    337-359
Measures: 
  • Citations: 

    0
  • Views: 

    60
  • Downloads: 

    0
Abstract: 

Efforts were made to design and implement usury-free banking in Iran through the law of usury-free banking operations. One of the ways to deal with usury in this law is the design of partnership contracts, which include civil partnership, legal partnership, mudarabah, mazarah and masakat. Each of these contracts has certain legal challenges that need to be taken into consideration. The main purpose of this research is to examine the jurisprudence of the civil partnership contract and analyze its jurisprudential challenges with the ijtihad method. Also, some of the most important implementation challenges in the country's banking system have also been examined. The results of the research indicate that the most important and basic jurisprudential challenge of this contract is to change the jurisprudential nature of the company contract from a partnership contract to an exchange contract. In the criticism of the provisions of the contract, 13 jurisprudential problems have been raised, the most important of which are problems such as the customer's voluntary management of the company's property, the obligation to compensate for damages, the obligation to purchase the company by the customer, the responsibility to compensate for the loss caused by legal action, and mortgage before proof of debt. , guaranteeing the trustee and committing to pay possible expenses. The most important implementation challenges are the risk of bad choice, regulatory problems, calendar and valuation of non-cash capital and changing economic conditions and market risk. In this regard, in order to solve the mentioned problems and make optimal use of the capacity of the partnership contract, it was suggested that in addition to reforming the channels of money entering the bank through amending contracts and training and justifying employees, managers and people, the channels of money entering the banking system should also be separated. This will increase the expertise of banks in certain areas and increase the quality of their work.

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Issue Info: 
  • Year: 

    1394
  • Volume: 

    26
Measures: 
  • Views: 

    399
  • Downloads: 

    0
Abstract: 

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