vol 18 no 1,2018

The Rule of (Alomor Bemaqasedha) and their Impact on Sales in Islamic Banks (Murabaha ,Wafa'a ,Tawarruq )

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The Rule of (Alomor Bemaqasedha) and their Impact on Sales in Islamic Banks (Murabaha ,Wafa'a ,Tawarruq )

Dr. Abdalla Mohammad AL Badarin                                          Dr. Kholood Ahmed Tanash

Faculty of Sharia - Islamic Economics Banking                  Faculty of Sharia - Islamic Economics Banking

Yarmouk University                                                                   Yarmouk University

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Received 30 /07 /2017                                     Accepted 31 / 01/2018

https://doi.org/10.12816/0054739

Abstract:

The purpose of this study is to explain the effect of the rule (Alomor Bemaqasedha) on the sale of Islamic banks by examining the effect of the bank's and the customer's objectives on some banking sales such as Murabaha, Wafaa, Tawarruq. It has been shown that the prohibited intention of these sales is to reach Mahram, And that this intention, whether issued by the client, or the bank has a clear impact on the legality of these sales, sometimes turn them to funding and will be a loan, And sometimes turn into risk-hedging techniques used by banks to eliminate or minimize the risk of investments. The study recommended the need to strive hard to restore banking sales to their real image, through the activation of the role of the Shariah bodies as the supervisory authority in Islamic banks, which is the task of issuing the Fatwas of Sharia in many banking operations, correct errors resulting from the intentions of the contractors.

Key words: Alomor Bemaqasedha, Islamic banks, Murabaha sale, Al-Wafa'a sale, Al-Tawarruq.

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