حماية المشروعات الصغيرة و المتوسطة ضد خطر الإفلاس في ظل جائحة كورونا : دراسة فقهية في ضوء قرارات البنك المركزي الكويتي

الملخص EN

The world is experiencing an unprecedented economic crisis during Coronavirus pandemic, which has extended to the most important projects sponsored by the State, which are small and medium enterprises.

The Central Bank of Kuwait has presented a package of incentive decisions to the National Fund for these projects welfare and development because of their importance in the national economy.

They are the other source of income along with the only source of income, which is oil, and they are also able to create integrated job opportunities.

The research aims to find the fact of the percentage determined on funding (2%) and its relation with the loan, and to verify its validity according to Islamic Jurisprudence during ordinary or sudden circumstances.

The research came to address this problem, by providing an Islamic jurisprudential opinion for the entrepreneur who is unable to obtain support for his project that is compatible with Islamic jurisprudence.

At the same time, he finds this easy funding from the National Fund and the Central Bank, so he is confused about the type and nature of this funding.

It was appropriate to study the decisions of the Central Bank and comment, analyze and review the funding contract model of the National Fund.

In this research, I followed the analytical descriptive approach for decisions, contracts, and opinions of Islamic jurists with appropriate Islamic jurisprudential deduction.

The (2%) ratio charged by the National Fund, which was also among the recent incentive decisions of the Central Bank, is only a fee for work, and it is only a criterion for determining the fee.

Its relation to the loan value is not considered as long as it is part of the actual services and is charged only once.