السر المصرفي بين الحظر و الإباحة : دراسة فقهية مقارنة بالقانون الكويتي

Abstract EN

The study deals with the issue of banking secrecy between prohibition and permissibility, a jurisprudential study compared to Kuwaiti law, and the importance of studying this subject comes from the importance of the principle of commitment to banking secrecy and highlighting it as a basic rule of banking dealings, as this rule has an important place in banking dealing represented in achieving the special interests of individuals dealing with banks and achieving the general interests of a bank that masters the art of adhering to this rule, and one of the most important results of the study is that Islamic jurisprudence considers disclosing a secret a crime that must be punished by any disciplinary punishment approved by the ruler.

in the event that a person evaded tax and the tax administration became aware of his intention not to pay, as well as that it has signed a precautionary attachment, and that for the occurrence of the crime of disclosing the secret, the availability of the material element is the disclosure of news that is considered a secret by its owner, that is, he is interested in concealing it, and the crime of disclosing a banking secret is considered one of the crimes which requires Ta’zir, and that there is no penalty in the Kuwaiti penal code for disclosing a banking secret, and that banking secrets are more protected in jurisprudence than protection.

what legal.