الضمان في المضاربة و المشاركة و تطبيقاته المعاصرة في المصارف الإسلامية

الملخص EN

This research studies certain contemporary Islamic contracts that are intended to play a role in stimulating investment activities and achieving economic gains.

The study focuses upon two contracts in particular: mudrabah and musharakah, which are both partnership contracts, as opposed to the debt-generating contracts such as murabah, salam and istisan that are widely used by Islamic financial institutions.

The problem that the study addresses in particular is whether a guarantee can be given in mudarabah and musharakah and the ways in which that possibility could be exercised.

The study of the problem is approached by answering the key question: Is the prohibition of taking a guarantee in mudrabah and musharakah definitive and absolute, or are there certain cases in which a guarantee can be taken? Investigating the issue will be done by dividing it into two sections.

The first section focuses on the fundamental features of mudarabah and musharakah while the second focuses on the concept of a guarantee and the way to implement it in contemporary financial transactions.