عقد الوكالة و تطبيقاته في المصارف الإسلامية

Abstract EN

This study investigated the agency contract subject and its implementations in Islamic banks.

As it was divided into three sections: the first one; rummage in agency theory from the economic point of view, and studying it from the point of philology and law, by taking in consideration the discussion of agency's effects and its completion cases. The second discussed two types of agency, the commission agency and the antagonism agency.

A conversation was made about the general rules of the commission agency, and discussing its effects, wherefrom the obligations of the agent, client and his guarantees.

And investigating the relation resulted from the commission agency between the agent the client and others, and determining the cases which terminate the commission agency.

Also the cases of antagonism agency were detailed; its definitions and limitations were mentioned. The third dealt with agency applications in banking operations of Islamic banks, which comprise: the credit card, and how this formula contains agency. Then the credit paper, especially its legal definition, the legislation rules of this formula, and discussion the different views that related to it.

Then the promissory note, as the procuration endorsement notion was discussed, besides the legislation adaptation of this formula.

Also the collection of commercial papers and their discount was discussed, and the results of the discount process besides its legislation adaptation. The credit by acceptance was searched, especially its adaptation as an agency and the discussion of this adaptation, besides the banking remittance with its definition and adaptation as an agency, and the objections concerning this formula. The underwriting process and its manner were defined besides its adaptation.

A conversation was done about the paper money and its adaptation.

Besides the banking guarantee or warranty letters.

The exchange with its cases and descriptions were defined. The most important result of this research is the availability - entirely or high rates - of (well known in Islamic jurisprudence agency) contract characteristics and nooks in some of modern investments formulas in contracts, such as credit card, bill of exchange or delegacy endorsement, and money change.

and - the availability partially or low rates - in letter of credits, discount of commercial papers, credit by acceptance and banking drafts. The most important recommendation is that; the Islamic banks must study (in-depth, detailed and comprehensive form); the agency subjects from all its jurisprudent and legal aspects, along with its economic applications.