Document Type : Research Paper

Authors

• mostafa kazemi najaf abadi ¹
• abbas yaghoobzadeh mojarad ²

¹ Member of the scientific department of the Faculty of Islamic Economics of the Research Institute of Howzah and University

² phd student of Islamic economics of the the Research Institute of Howzah and University

Abstract

From the jurisprudential Akhbar about Murabaha, it is possible to maintain two types of Islamic risks, The risk of regret and the risk of property destruction, which are the conditions for the validity of the Murabaha contract, but especially with the spread of credit cards, it has been completely neglected. According to religious teachings in Islamic banking, accepting the risk of profit and loss is relevant and this risk should not be imposed solely on the financed party. On the other hand, it is not possible to transfer the risk of facilities and deposits in the banking system through insurance. In this research, an attempt has been made to firstly introduce and explain these two types of sharia risk with the method of Ijtihad, and in the second step, with the approach of risk sharing and appropriate institutionalization, suggestions for its management and reduction are presented. Management of regret risk through queue formation or market analysis is possible to some extent, especially in electronic banking. Regarding the risk of destruction, through institutionalization appropriate to the process of banking contracts, it is possible to provide the basis for its development in other high-risk contracts.

Keywords

• Murabahah
• regret risk
• property destruction risk
• profit rule
• risk sharing