عقود المصارف الإسلامية : دراسة في الخصائص و الآثار

الملخص EN

The laws of international and Arab central banks agree that the nature of bank work is based on the brokerage firm; by collecting savings from surplus units and give it to deficit units on the base of benefit by taking and giving.

Selling and buying in trade is not allowed in banking field only for bonds, gold or exchange operations.

But when the Islamic banks have been established recently for the sake to correct the way the traditional banks work through the employment of Islamic contract which has a special nature, it appeared different problems which is based on the difference between the nature of the traditional banking finance and the Islamic finance.

Although the central banks have allocated the Islamic banks with laws to organize their work, problems are not solved.

That’s why studies and researches are done on what is happening.

This research is done to support these efforts to answer - through a descriptive and analytic method - this essential question: What is the nature of contracts applicable in Islamic banks and what are their important properties? What are their effects? So this research aimed to specify the main properties of contracts applicable in Islamic banks, and the stand on the essential effects from using such contracts, with a suggestion of possible measures to treat causes and effects.

This research reached that the contracts applicable in these establishments are based on contracting debts.

The reason is that there is a difference between the nature of the known banking work and the nature of the Islamic contracts applied in.

Also the ruling laws that may lead to simulated contracts that work in the same way as the usual banking work.

So the legal treatment that requires editing present laws to cope with the Islamic contracts finance is a fact not a simulation.

That is the nearest way to solve the problem.