بيع المرابحة و أثر الإفصاح على صحته : دراسة مقارنة

الملخص EN

that depend mainly on the trustworthiness of the seller, which is the murabaha sale, the price of this sale is determined based on the seller's purchase price with an increase.

however, Iraqi law stops at disclosing the price of purchase only, whereas Islamic jurisprudence extended the duty of disclosure and developed remedies of non-disclosure of some issues about price such as delaying it or that the seller obtained damages for the defects of thing or he was satisfied with the defect after discovering it, etc.

on the other hand, the Iraqi Islamic banking law allowed this type of sales without specifying detailed provisions protecting Islamic banks from usury.

banking murabaha, or as it was called by modem legal jurisprudence, "murabaha sales to the one who ordered to buy" is a non-traditional type of murabaha and common with traditional murabaha in all provisions, especially disclosure, but it differs in its stages.

traditional murabaha arises from offer and acceptance, while non-traditional one passes through three stages : a contract of promise between buyer and seller (the bank), then the bank purchases the goods that was agreed upon in contract of promise, and finally the sale contract is concluded between the bank and the buyer under that terms agreed upon in contract of promise.

we have reached conclusions that the seller's duty to disclose the price at which he bought it is one of the fundamental issues upon which the buyer's satisfaction will based.

Islamic jurisprudence also disagreed regarding the validity of the bank murabaha sale and concluded that it is valid on the condition that the sale enters the ownership of the bank before selling it.

we recommended the Iraqi legislator to regulate the sale of traditional murabaha in civil law by expanding the scope of disclosure to include everything that affects the price or the thing.