الأحكام الفقهية للمسائل المتفرعة على ضمان الودائع في المصارف الإسلامية

الملخص EN

The study dealt with a number of jurisprudential issues that sprang from the existence of cooperative institutions, deposit guarantee funds in Islamic banks, and jurisprudential rulings on these issues.This was preceded by a general definition of deposit guarantee,the Islamic banks' guarantee of contract, And the appropriate legal alternative for Islamic banks in applying the deposit guarantee process.

The most important jurisprudential issues dealt with in the study are the investment of the Deposit Guarantee Fund,the Fund's Zakat, its investments, and the provision of the penalty clause that may be imposed by some institutions and funds on the member due to delay or default in paying debts.Surplus insurance,and reinsurance.And concluded that the Islamic Bank is committed to guarantee all the deposits in the contract when there is a reason for the guarantee on its part,such as the use that converts it to a secured loan,and default in the preservation or investment, otherwise,the hand of the Secretariat,which resulted in the importance and legitimacy of the existence of cooperative.

institutions and funds to ensure deposits .

Because some deposit insurance institutions do not comply with Islamic Shari'ah rules,including the Jordan Deposit Guarantee Corporation, the most appropriate alternative is the cooperation of Islamic banks at the local and international levels in the establishment of deposit guarantee funds.These funds adhere to the provisions of the Islamic Shari'a.Legal supervision.

It also concluded that the funds of the Fund may be invested with controls that ensure that they do not depart from the basic objective for which they were found.Zakat is not required in the funds of this fund nor in its investments; It is also concluded that it is not permissible to take payment for security because the institution is based on voluntary contributions and that the penalty condition required by the deposit insurance institutions because of delay or default in the payment of debts is not permissible because of usury.Through the judiciary.With regard to the insurance surplus, it has concluded that it is the property of all participants.

They have the right to recover and dispose of it, unless otherwise agreed.

As for the reinsurance of commercial insurance companies, I concluded that there was no passport, because there is an Islamic alternative at this time.

And recommended the need to work to increase deposit guarantee institutions at the level of Islamic countries,and oblige all banks,especially Islamic ones,to establish a joint fund to guarantee deposits in accordance with the conditions and criteria of legitimacy, and obligate them to participate in it.