Challenges facing the use of Civil Partnership contract in the Iranian Development Banks Based on Expert Opinions and Presenting Project Murabaha as Alternatives

Document Type : Research Paper

Author

تهران، میدان آرژانتین، ابتدای افریقا، روبروی پارکینگ بیهقی، جنب بانک سپه، پلاک ده، پژوهشکده پولی و بانکی، طبقه ۶، دکتر حسین میثمی

Abstract

Civil Partnership agreement is one of the most widely used contracts in the Iranian banking network, the use of which in practice is usually accompanied by numerous conditions in the contract, which removes the framework of this contract from its partnership nature. This issue has always been criticized and Islamic banking researchers have repeatedly proposed the solution of allocating the use of Civil Partnership contracts to development banks.

The main question of this study is: "What are the challenges of applying Civil Partnership contract in Iranian development banks and what alternative solution can be offered in this regard?". To answer this question, the field survey method (case study in a selected development bank), as well as the two-stage Delphi method, are used to gather expert opinions. The research findings show that in practice neither the lender nor the bank have any real intention to partner with each other and their goal is simply "financing at a fixed and predetermined interest rate with minimal risk." Therefore, the widespread use of Civil Partnership contracts faces challenges such as: guaranteeing repayment of principal and interest, non-participation of the bank in losses, pricing the project based solely on expected profits, calculating accrued profits even during the project implementation period and receiving collateral (in relation to Principle, interest, penalties etc.).

Keywords

Ahmadi, F., Nasiriani, Kh. and Abazari, P. (1387). Delphi technique: a tool in research. Education Quarterly in Medical Sciences, 8 (In Persian).
Sarmad, Z., Bazargan, A. and Hijazi, A. (1389). Research methods in behavioral sciences. 20th edition, Tehran: Aghat Publications (In Persian).
Sadr, M. b. (1417 A.H.). Al-Bank Al-Larboy fi-e-Islam. Beirut: Dar al-Taarif for Press (In Persian).
Qalich, and. (1395). Examining the degree of compliance of civil partnership contracts and operations with Sharia standards in the banking system of the Islamic Republic of Iran. Marafet Islamic Economy Quarterly, 15 (In Persian).
Mesbahi Moghadam, G. and Nemati, M. (1397). Jurisprudential-legal analysis of some articles of the banking civil partnership contract. Quarterly Journal of Interdisciplinary Jurisprudential Research, 13 (In Persian).
Malakrimi, F. and Raghebi, M. (2018). The criteria for identifying the conditions contrary to the requirements of the contract in partnership contracts. Islamic Economy Quarterly, 74 (In Persian).
Mousavi Khomeini, r. (1416 A.H.). Tahrir al-Wasila. J. 2, Qom: Society of teachers of Qom seminary (In Persian).
Mousaviyan, S. A. (1390). Bank system transformation plan: reforming the law and usury-free banking model. Tehran: Research Institute of Islamic Culture and Thought (In Persian).
Mousaviyan, S. A. and Maithami, H. (1396). Islamic banking (2): Islamic central banking and monetary and foreign policy. Tehran: Research Institute of Money and Banking (In Persian).
Mousaviyan, S. A. and Maithami, H. (1397). Islamic banking (1): theoretical foundations-practical experiences. 6th edition, Tehran: Research Institute of Money and Banking (In Persian).
Maithami, H., and Malakrimi, F. (2019). Presenting a new method of using the Murabahah contract in the banking network with a different installment approach of principal and interest of the facility. (Research Report No. 9908). Tehran: Research Institute of Money and Banking (In Persian).
Imani Jajermi, h. (1379). Familiarity with the Delphi method and its application in decision making. Bi-Quarterly Journal of Urban Planning and Management, 1 (In Persian).
Nazarpour, M., and Malakrimi, F. (1394). Examining the civil partnership contract of the central bank from the point of view of jurisprudence. Islamic Economy Quarterly, 57 (In Persian).
Nazarpour, M., and Malakrimi, F. (1396). Examining the application of the condition rule in banking contracts. Islamic Economy Quarterly, 65 (In Persian).
Nazarpour, M., and Malakrimi, F. (1397). Application of jurisprudence rules in an example of banking contracts. Tehran: Research Institute of Money and Banking (In Persian).
Badri, A. (1395). Investment Deposits Performance Statement: Improving Accountability in the Interest-Free Banking Business Model Converging to IFRS, Monetary and Banking Research Institute Policy Paper, No. MBRI-PP-95002 (In Persian).
Totunchian, A. (1379). Islamic money and banking and its comparison with the capitalist system. Tehran: Tawangaran Publishing House (In Persian).
Community of Qom seminary teachers. (1392). Explanation of the issues of the authority: according to the fatwa of thirteen people of the supreme authority of taqlid. Qom: Society of teachers of Qom seminary (In Persian).
Hajian, M. R. (1390). Obstacles and problems of implementing cooperative contracts in the country's banking system. Tehran: Research Institute of Money and Banking (In Persian).
Khalili Shurini, S. (1386). Research methods in humanities. 5th edition, Tehran: Yadavare Kitab Publishing House (In Persian).
Zulfiqari, A., Maravi, R. and Totunchian, A. (2019). The role of system memory in the correct implementation of the banking partnership contract in the Islamic banking system. Bi-Quarterly Journal of Islamic Economic Studies, 25 (In Persian).
Elsan, M. (1389). Banking rights. Tehran: Samit Publications (In Persian).
AAOIFI, (2017). Accounting, Auditing and Governance Standards for Islamic Financial Institutions. Bahrain: Accounting and Auditing Organization for Islamic Financial Institutions.
Fabozzi, F. and Jones, F. (2019). Foundations of Global Financial Markets and Institutions. Cambridge: The MIT Press.
Habib, S. (2019). Fundamentals of Islamic finance and banking. New Jersey: John Wiley and Sons.
Iqbal, Z., and Mirakhor, A. (2011). An Introduction to Islamic finance: Theory and practice. Washington: Wiley Finance.
Madura, J. (2014). Financial Markets and Institutions. London: Cengage Learning.
Simpson, T. (2014).  Financial Markets, Banking and Monetary Policy, London: Wiley Finance.
Theodore, J., Gordon, M., (2009), the Millennium Project: Futures Research Methodology, New York: Amer Council for the United Nations.
Zubair, H. (2014). Islamic banking and finance: An integrative approach. Oxford: Oxford University Press.