شرط ضمان المضارب لرأس المال في الفقه و المصرفية الإسلامية

Abstract EN

Men always tend to earn money and increase it either from his wealth or because of his sharing with others.

And the presence of risks in economic activities may lead the owners of capital to ask for some kind of guarantee for the capital.

This is especially important for small business owners like bank depositors.

In view of the prohibition of usury in Islam, the idea of using the condition of guaranteeing capital in economic contracts, especially the condition of guaranteeing the worker in the contract of speculation, is of interest to Islamic thinkers and financial designers.

Although some jurists considered the condition of guaranteeing the worker correct, and others see that this condition conflicts with the requirements of the contract and is void, others considered that the condition of the guarantee is a reason for converting the mudaraba contract into a loan and the owner’s partnership in profit as interest.

In the provision of a capital guarantee clause, some believe that the return on investment clause is a new contract that has not been seen in the past.

In the case of investment contracts, direct and indirect, the investor does not provide his capital to the investor without adequate guarantees.

Therefore, the capital guarantee requirement is included in most investment contracts.

The question here is: What is the ruling on the condition of guaranteeing the capital according to Islamic rules and regulations? Any condition in terms of the ruling may void the contract, void or enforceable.

Given the importance and application of the requirement to guarantee the worker and the difference in jurisprudence in this regard, this article has attempted to criticize the arguments of supporters and opponents of jurists and legal scholars.