التورق المصرفي : رؤية شرعية

الملخص EN

This Study seeks to discuss Al-Tawaruq Al-Masrifi (type of finance organized by Islamic banking) through displaying it in an introduction, four sections and conclusion.

The first section introduced the concept and types of Al-Tawaruq and its legal rule.

The second section presented the views of contemporary scholars who accepted Al-Tawaruq Al-Masrifi and their evidences towards this kind of finance.

The third section studied the views of contemporary scholars who prevented Al-Tawaruq Al-Masrifi and their objections with regard to this kind of finance.

The fourth section displayed a discussion of the evidences of both groups of scholars who prevented and approved Al-Tawaruq.

It concluded that “Al-Tawaruq Al-Masrifi” as it used by Islamic banking today, should be forbidden for Siyasatan (for reason of expediency) and Istihsan (application of discretion in a legal decision) but not Qiyas (deduction by analogy).