ضمان المضارب لرأس المال في الودائع المصرفية

الملخص EN

The paper proposes that the Islamic bank, as Mudarib and user of the fund, should provide guarantee for the money of depositors.

That is, if mudarabah shows the profit, the depositor will also share in it.

In case of loss, only the bank will bear the loss, not the depositors.

The writer based his argument on the opinion of al Shawkani (d.

1250 H.) which is found in his work “al Sayl al Jarrar”, and the saying of jurists that if the mudarib fund-user handed over it to someone else, he would be held responsible because he violated the rule.

He also holds that because of its a necessity some fuqaha tried to cirumvent this probihition through subterfuges.

Moreover, the regulatory and supervisory authorities prohibit tendering the monies of depositors to any loss.

The researcher suggests that this guarantee by the bank should be based on volunatrism and donation, not by stipulation and agreement.