Applying Risk-Taking in Islamic Banking and Finance from the Perspective of Islamic Jurisprudence

نویسندگان

چکیده

Islamic financial Institutions are expected to take considerable business risks when earning from their dealings. The objective of this study is clarify the concept risk in commercial transactions fiqhi (or Jurisprudence) perspective and analytically evaluate selected three issues having place practice finance based on taking maintained by fiqh. This desk-based research where data has been collected various sources such as classical fiqh books, regulators’ policy documents guidelines, journal articles. employed mixed methods literature review qualitative content analysis analyze critically search assertive findings. revealed relating risk-taking behaviour institutions (IFIs) as, amongst others, charging cost fund defaulting customers, holding lessee liable for total loss leased assets under Ijārah Thumma al-Bay’(AITAB) capital guarantee Mushārakah instruments. suggests that facilitating instruments shall have subjects namely (i) property (māl) (ii) work (ʿamal) ensuring fulfilment Shariah principles embedded contracts or without diverting them. Analysis cases identified principle breached, prohibited elements, Ribā, Gharar Maysir, do arise they impede realization Maqāṣid al-Shariah intended contracts. would allow scholars legal authorities industry extend knowledge pertaining behaviours IFIs.

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ژورنال

عنوان ژورنال: International journal of management and applied research

سال: 2023

ISSN: ['2056-757X']

DOI: https://doi.org/10.18646/2056.101.23-005