Document Type : Research Paper
Author
Assistant Professor of Economics Department of Islamic Economics, Research Center of Islamic Studies in the Humanities Ferdowsi University of Mashhad.
Abstract
Contractual incompleteness is mainly due to the difficulty of describing all possible future contingencies in advance and “enforceability” condition. In the complex and uncertain economic environment, typically financial contracts are usually incomplete. The theory of incomplete contracts is more consistent with financial and economic contracts and has more power to analyze contractual relationships. Financing in Islamic banking is divided into two categories based on the type of contract, namely Equity based financing and Debt based financing. This article, analyze Islamic banking contracts with respect to incomplete contract theory. The results show that when contracts are incomplete allows for opportunistic behavior of entrepreneur and hold-up bank inside non valid credit contract. In this situation, some mechanisms needed for gap filling to prevent opportunistic behavior in incomplete contract. In Islamic banking contract Contingent renewal contract and Legal Partnership Contracts that help to balanced bargaining power between parties and can reduce problems caused by Contractual incompleteness.
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