Document Type : research
Authors
1 Assistant Professor, Department of Economics, Razavi University of Islamic Sciences, Mashhad, Iran.
2 Master's degree, Department of Economics, Razavi University of Islamic Sciences, Mashhad, Iran.
Abstract
According to the Islamic Banking Operations Act, the civil partnership contract (Musharakah) is one of the most important legal instruments between banks and customers, with various applications including the granting and settlement of banking facilities. Some banking law experts believe that using this contract as a rescheduling tool can help resolve part of the problems faced by banks and debtors. However, granting participatory financing solely to settle prior debts, without grounds for the realization of an actual partnership, is considered to have legal and Shariah flaws from the perspective of jurists, especially the Shariah Board of the Central Bank. The Iranian legal system has yet to provide a definitive solution to this issue. In this study, employing a descriptive-analytical method, the legal and jurisprudential challenges arising from the extension and rescheduling of civil partnership contracts are examined. Accordingly, contracts concluded solely for debt settlement without genuine intent to participate are void, and the bank can only collect its claims based on the original contract. Therefore, existing rulings affirming the validity of such contracts require more thorough review.
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