عقد بيع المرابحة للآمر بالشراء في بنك الأمل بالصومال : دراسة تأصيلية تطبيقية

Abstract

This study tackled the subject of the profit-sharing contract, for the person ordering the purchase, of AL-Amal Bank, Somalia (an applied fundamentalist study). This study also aimed at confirming the legitimacy of the profit-sharing sale for the person ordering the purchase in Islamic jurisprudence, in order to benefit from it in financing Islamic banks. The study’s significance is depicted in identifying how AL-Amal Bank implemented the profit-sharing contract, for the person ordering the purchase, as well as a contribution to introducing a fundamentalist study, for the most important mode of the contemporary bank financing modes, which is the mode of the profit-sharing sale contract, for the person ordering the purchase. The study proved that the application of this transaction by Al-Amal Bank is achieved in conformity with the sharia rules and controls, and by adopting the inductive methodology, and comparing the jurists' opinions, thus the researcher reached significant findings, the most outstanding of which are the permissibility of profit-sharing sale for the person ordering the purchase, as well as confirming the difference between the profit-sharing for the person ordering the purchase, and the usury loan, and the client's non-commitment to his promise to fulfill. He also concluded the permissibility of installments sale, and increasing the price in return for increasing the payment term, as well as hastening the price in return for exemption of some of the debt, if there is no previous agreement between the bank and the client The researcher has many recommendations, the most important of which are as follows: The commitment of Islamic banks to appoint efficient supervisors and auditors according to sharia rules, train bank staff on Islamic banking; draw, as well as design curriculums and training courses, with the aim of raising their know-how capabilities pertaining to Islamic modes of financing. The researcher also, recommends that the education on Islamic mode of financing should be widened to include the clients of banks and the society as well.