تحويل العقود الربوية إلى عقود مضاربة

الملخص EN

The research talks about a jurisprudential issue, and answers a very important question; Can usurious contracts be converted into speculative contracts? That is after establishing the usurious contract in traditional banks.

So we assume that one of the contractors wants to repent from this sin and wants to convert the contract from a forbidden contract to a legitimate contract.

Certainly, this will pose a great challenge due to the difficulty of canceling these contracts due to their large numbers in banks, and the commitment of each of the contractors to the terms of the contract when signing it, and the submission of the traditional bank to the Central Bank’s laws.

This research came to find a legitimate alternative without harming one of the contracting parties and in a way that achieves the interest of both, with the possibility of applying this by studying the methodology and the implications of that, taking into account that it is not permissible to create the contract with the aim of changing it later.

We mean here the one who created the contract and then had the intention of repentance.

Ibn Taymiyyah said: "Whoever contemplates the principles of Sharia, knows that it opens all roads for people to repentance.