Seriousness Guarantee for Banking Murābahah

This is a study of a type of guarantee adopted by some banks to protect their rights in certain transactions; a sum of money is required to be deposited by the customer in the bank, covering the murābahah contract period. The sum is defined as a seriousness guarantee, indicating the customer’s seri...

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Main Author: Khalid Zaid Al-Jabaly
Format: Article
Language:Arabic
Published: King Saud University 2013-05-01
Series:Journal of Islamic Studies
Subjects:
Online Access:https://jis.ksu.edu.sa/sites/jis.ksu.edu.sa/files/0025-02-07.pdf
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author Khalid Zaid Al-Jabaly
author_facet Khalid Zaid Al-Jabaly
author_sort Khalid Zaid Al-Jabaly
collection DOAJ
description This is a study of a type of guarantee adopted by some banks to protect their rights in certain transactions; a sum of money is required to be deposited by the customer in the bank, covering the murābahah contract period. The sum is defined as a seriousness guarantee, indicating the customer’s serious promise to purchase from the bank once it possesses the commodity in question. If the customer breaks his promise, the deposited sum will be confiscated as a compensation for the possible loss suffered by the bank due to possessing the commodity at the customer’s request. This research aims at defining the nature of the guarantee, studying related rulings and identifying the contemporaries’ positions in that regard. The deductive and inductive methods have been used in the research. Some conclusions have been reached. The bank’s demand for a seriousness guarantee is related to obligatory commitment to banking murābahah. On the one hand, those concerned with obligatory commitment advocate the bank’s right to demand the seriousness guarantee. On the other hand, those not concerned with obligatory commitment do not recognize such a right. Also, commitment must not be obligatory. Therefore, the bank has no right to demand such a guarantee from the customer. The most important recommendation is that banks abandon the seriousness guarantee in favor of well established jurisprudence guarantees, thus avoiding any suspicious transactions
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spelling doaj.art-dfa51c9a5b83493c862faba9bb5fb5692022-12-21T20:46:36ZaraKing Saud UniversityJournal of Islamic Studies1658-63011658-63012013-05-01252201227Seriousness Guarantee for Banking MurābahahKhalid Zaid Al-JabalyThis is a study of a type of guarantee adopted by some banks to protect their rights in certain transactions; a sum of money is required to be deposited by the customer in the bank, covering the murābahah contract period. The sum is defined as a seriousness guarantee, indicating the customer’s serious promise to purchase from the bank once it possesses the commodity in question. If the customer breaks his promise, the deposited sum will be confiscated as a compensation for the possible loss suffered by the bank due to possessing the commodity at the customer’s request. This research aims at defining the nature of the guarantee, studying related rulings and identifying the contemporaries’ positions in that regard. The deductive and inductive methods have been used in the research. Some conclusions have been reached. The bank’s demand for a seriousness guarantee is related to obligatory commitment to banking murābahah. On the one hand, those concerned with obligatory commitment advocate the bank’s right to demand the seriousness guarantee. On the other hand, those not concerned with obligatory commitment do not recognize such a right. Also, commitment must not be obligatory. Therefore, the bank has no right to demand such a guarantee from the customer. The most important recommendation is that banks abandon the seriousness guarantee in favor of well established jurisprudence guarantees, thus avoiding any suspicious transactionshttps://jis.ksu.edu.sa/sites/jis.ksu.edu.sa/files/0025-02-07.pdfguaranteedepositbanksmurābahahtransactionscrises.
spellingShingle Khalid Zaid Al-Jabaly
Seriousness Guarantee for Banking Murābahah
Journal of Islamic Studies
guarantee
deposit
banks
murābahah
transactions
crises.
title Seriousness Guarantee for Banking Murābahah
title_full Seriousness Guarantee for Banking Murābahah
title_fullStr Seriousness Guarantee for Banking Murābahah
title_full_unstemmed Seriousness Guarantee for Banking Murābahah
title_short Seriousness Guarantee for Banking Murābahah
title_sort seriousness guarantee for banking murabahah
topic guarantee
deposit
banks
murābahah
transactions
crises.
url https://jis.ksu.edu.sa/sites/jis.ksu.edu.sa/files/0025-02-07.pdf
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