توزيع الأرباح في البنوك الإسلامية : دراسة فقهية

الملخص EN

One of the most important investment formulas that Muslims have relied on in developing their money is speculation; Its basic idea is to form a cooperative relationship between a wealthy investor who is available to invest his money for one reason or another, and with a worker who does not lack experience or trust.

However, he has no money or no money to do a profitable business.

This bilateral relationship between the owner of the money and the speculative worker constituted a great way to invest, especially in the context of what was taking place in terms of commercial deals that are in the scale of this era are considered small or medium deals at best.

However, the economic systems, market size and trade - both local and global - have evolved in the current era to witness the emergence of complex trade relations and investment formulas that distort speculation in its old jurisprudence from meeting the needs of the flourishing Islamic market.

Especially with the expansion and growth of Islamic banks as an alternative to usurious banks.

Many scholars of this era in Islamic jurisprudence and economics tried to develop the idea of speculation in line with the new reality and its requirements.

One of their most important innovations was the collective speculation system, or as many researchers call it joint speculation.

And the researcher in this new and continuing investment formula with the development of the largest user of it, which is the Islamic banking sector; We find that much of what the jurists decide in the speculation contract, especially in terms of profit, and how it is distributed and calculated, no longer exists.

Rather, the modern application may be completely contrary to the established jurisprudence.