مدى ملاءمة تطبيق أحكام حوالة الحق على التّوريق : دراسة في الفقه الإسلامي و القانون الأردني

الملخص EN

The securitization of force in the traditional financial institutions and financial instruments on a large scale; due to the achievements of the advantages of quality in financing operations, offset by the term securitization in Islamic financial institutions.

The present study describes the securitization relationship wire transfer right through the statement of the appropriateness of applying the provisions of this transfer on securitization, in a comparative framework between the Islamic jurisprudence and law of Jordan; in order to come up with results and recommendations that will avoid the shortcomings that marred the legal system governing the conduct securitization process through Money right.

The study has shown that the framework of jurisprudence and the legal process of securitization lies in this assignment; as a legitimate means to transfer ownership of the assets of the initiator of securitization (the local original creditor) to the source to him (the new creditor assignee); as well as convenient provisions applicable to securitization.

Fiqh al-Maliki has himself leave the assignment of rights to certain conditions under the name of selling religion change the original creditor, and Islamic financing instruments of the law and the rules of the Jordanian text on taking assignment in receivables as a means of trading in these instruments through securitization; despite the fact that the Jordanian legislature did not address provisions of the assignment of rights in civil law, which led us to drop the relevant rules of the assignment on the subject of this study.

The study recommended the need for the Jordanian legislator put special assignment in receivables rules to be applied to the securitization, and modify some of the legal texts related to the study contained in the Companies Act, the Securities Law, the Law on Islamic financing instruments in proportion to the securitization process