الضوابط القانونية للبنوك والمصارف التجارية لمنع جريمة غسل الأموال مقارنة بالفقه الإسلامي

Abstract

This study was based on the descriptive approach to the subject of the study and the presentation of details about its most important aspects. This is done by using the tools and references available from books, as well as by reading some legal articles published in the World Wide Web and comparing them with jurisprudence to expand the legal controls of banks and commercial exchanges. Eliminate a look at its development, its characteristics and types, and what are the requirements of combating the crime of money laundering and applying the means of implementing legal and jurisprudence controls on banks and exchange offices in Sudan and trying to find solutions to all obstacles and challenges and identify the Legislation required and apply them in the ground. The study then dealt with the main subject of legal controls for banks and commercial exchanges to prevent the crime of money laundering legally and juristically, a comparative study and how it began, problems and challenges faced. The first chapter contains an introduction, research plan, and previous studies. The second chapter discusses the definition of money laundering, methods of committing crime, smuggling of money and modern technological methods used in this crime in addition to its social, economic, social and social effects. The study discussed the third chapter of the legal controls to combat money laundering through banks and commercial exchanges and the position of Islamic law, and came in Chapter IV raised the legal controls to combat money laundering through banks and trade exchanges and obstacles. Where the results of the most important results of the existence of a link between the emergence of the problem of money laundering in the world and the phenomenon of globalization, which is exploited by some to hit economic values in society. The weakness of supervision of banks and financial institutions contributes to the spread of money laundering and its spread throughout the world. Absence of political displacement is aimed at eradication, where these areas are characterized by the existence of money laundering centers.

Money laundering is one of the crimes that multiply under the modern capitalist economy, so it produces its effect in the demolition of the standards of this economy. The research reached a number of recommendations, the most important of which were: Taking into account the effective application of all the principles and controls of the Basel Committee and international organizations on combating money-laundering. The need to establish adequate administrative controls for money laundering operations and fill gaps that can be exploited in this regard. To support international efforts in combating the phenomenon, particularly in the area of cooperation between international experts in holding more conferences and symposia to make appropriate recommendations thereon. Imposing a severe punishment on those who fail in the field of combating money laundering operations and not only put them on the black list.