المقاصة و تطبيقاتها المعاصرة

Abstract EN

The issue of clearing is from the jurisprudence of transactions that the ancient jurists paid attention to, as did the contemporary jurists.

Because of the people's need for them, and the banks' dealing with them, and their racing to provide all services to their clients, from filling their need for currencies, especially with the frequent movement between countries for trade and the openness of the world to each other, just as the banks deal with clearing among themselves in addition to their need for them with their clients; Therefore, it was necessary to know the provisions of clearing and its types, and I presented in this research (clearing and its contemporary applications): the rule of clearing, its types, and some contemporary applications of it.

Clearing in the language means: forfeit and discharge, and it is not like selling debt for debt.

There are two types of clearing: Forced (automatic) clearing: It benefits the two debts automatically fall, and does not depend on the consent of one of the parties, and it requires the equality of the two debts in terms of gender and solutions.

And the demand clearing (the agreement): It benefits the forfeiture of the two debts with the consent of the two parties, and it is in debts of different genders.

Judicial clearing: the forfeiture of the two debts indicates the waiver of the preference by the holder of the better right.

Among the legitimate types of clearing: the clearing that takes place between banks and the central bank, whether it is traditional or electronic, the clearing that takes place between banks and the organization that sponsors credit cards, and the clearing between the bank and its client in future debts.

Among the prohibited types of clearing: That the clearing be in the interest of loans with banks.

Finally: This research is a humble work in which I put my effort and time, so whatever was right is from God, and whatever was wrong is from myself and the devil, and may God's peace and blessings be upon our Prophet Muhammad and his family and companions all, and praise be to God, Lord of the Worlds.