Abstract

Ceiling the Profit of Some Partners with a Lump Sum: its Reality, its Applications in Islamic Finance Institutions, and its Judgement

Dr. Ayman Mustafa Hussein Dabbagh

This research aims to answer many questions: What is the reality of ceiling the profit of some partners with a lump sum? What is its practical reality in islamic finance institutions? and What are the opinions and debate of the contemporary islam jurists on this, and the right of that? The research methodology is a descriptive and analytic approach, by showing the applied reality details of the aforementioned way of partners profit distribution in the Islamic financing institutions, and gathering the views of contemporary jurists in it, their debate and discussions, with analysis and weighting. As No previous study specialized in this topic, This research is characterized as A jurisprudential factual study of an important contemporary way of the distribution of profit among partners in contemporary financing institutions, with tracking all the related aspects, applied and theoretical. The research arrived at different findings, the most outstanding are: Islamic finance institutions have applied ceiling the capital profit at the interest rate, in investment deposits, Mudaraba financing, investment portfolios, and Sukuk. The profit rate of Islamic banks is close to that of usurious banks, is not due to the focus of the first on debt-based financing rather than the participation financing, but because the returns of the first financing - including participation financing - are linked to the interest rate. Most of the contemporary jurists permitted the aforementioned ceiling, and others prevented it. The most likely is to prevent; Because of obscurity and (Gharar) injustice in it, which are still existed even though the description of the partner's waiver as a donation.

Keywords: Profit,   Lump sum.  Partnership. Islamic finance. Islamic jurisprudence

Title

مجلة البحوث العلمية والدراسات الإسلامية

Publisher

كلية العلوم الإسلامية، جامعة الجزائر

Publisher Country

Algeria

Publication Type

Both (Printed and Online)

Volume

15

Year

2023

Pages

81-108