الخدمات المالية المصرفية في البنوك الإسلامية و المنظورين الشرعي و القانوني لها

الملخص EN

There is no doubt that today the banking operations are the constituent and the cornerstone of human societies , as well as being an effective economic factor .Todays bank is one of the necessities of contemporary life m it is no longer a cultural luxury cultural or scientific achievement of civilian society .

And life in society cannot progresses without the presence of banks.

Islamic banks have come in response to the economic, social and contractual requisite Muslims' life .

The main goal of these banks is to apply the law of God in the banking and financial transactions.

The aim of these banks is to collect and invest the Muslims' saving in accordance with the legitimate rules as well as rooting the principles and morals in transactions field and reflecting them on the reality ground , and these banks are working within the framework of the contribution to the economic, social development.

What distinguishes Islamic banks is the quality of their relations with their customers, whether they are owners of resources or investors.

It is a partnership and trading relationship, and it is not an indebtedness or leaning relationship, as in the case of traditional banks.

The financial transactions in banks are often based on the usury aspect and the gain of profit regardless of the means.

The Muslims are obliged to avoid usury because there is no doubt that it is forbidden and detestable.

There is consensus among the various Islamic doctrines of jurist on the forbidden of wary because it is truly disadvantages and it is disastrous consequences.

Islamic legislation scholars have tried to benefit Muslims from banking transactions and at the same time avoiding him from the usury aspect of those transactions.

There are financial banking services carried out by Islamic banks such as letters of guarantee, documentary credits, bank cash deposits, bank loans and delay penalties, and the provision of these services is the subject of disagreement and exchange among scholars of Islamic law.

This humble research comes to answer the question that arises: what is the rule of Islamic legislation and law in such services? Is it from the forbidden usury or not within it's circle?