المشاركة المتتالية في البنوك الإسلامية

الملخص EN

The relationship between an Islamic bank and its depositors, and amongst depositors themselves, has usually been formulated on the basis of mudarabah contract (commenda).

This involves overlapping periods of time, as the dates of deposit, withdrawal, initiation of investments and their liquidation cannot be matched to determine the actual profit/loss due to any given deposit.

One way to overcome the problem is to formulate the relationship between bank and depositors on the basis of "agency contract for a fixed fee".

The bank's fee becomes independent of the dates and of the realised profit/ loss due to depositors.

The relationship amongst depositors however still requires a juristic formulation that overcomes the problem caused by overlapping periods of time.

For this we propose a novel contract "Successive Partnership", and indicate its juristic characteristics and conditions.