ضمان المضارب رأس المال في المضاربة المصرفية و بدائله المقترحة : دراسة فقهية معاصرة

Abstract EN

 
Mudarib (Speculator) Guarantee Capital in Mudaraba[1] (Speculation) Banking
And its proposed alternatives (a contemporary jurisprudence study)
Ali Mansour Othman Habib.

 Department of General Fiqh (Jurisprudence), Faculty of Sharia and Law, Al-Azhar University, Cairo, Egypt.

Email: alimansour.2212@azhar.

edu.

eg

This study aims to highlight the importance of guarantee in protecting investors' funds in Islamic banks, and to indicate the impact of having speculators to incur the guarantee in the speculation contract, and to present the proposed alternatives to include speculators, and the weighting between the different ones.

In his study, the researcher followed the descriptive, analytical, and comparative method, by presenting the opinions of jurists on jurisprudential issues, discussing the evidence and then stating the chosen opinion.

The study concluded that the relationship between the owners of deposits and the bank is an olute speculative relationship, in which the bank may pay the speculative capital to whoever it deems to have the ability to invest this money, and that the speculator may not be obligated to guarantee, because it agrees with the principle that the speculative money under the control of the speculator is a trust, and this can be compensated by other alternatives such as the guarantee of a third party, or the speculative donation of the guarantee, or the cooperative insurance between investors.

The study recommended that Islamic banks activate banking speculation as a flexible and advanced investment tool that helps treat many economic problems, taking into account the proposed alternatives explained by the study to achieve guarantee and protect investors' money.