صور الحيل في عقود المرابحة في المصارف الإسلامية دراسة تحليلية = image of tricks in Murabaha contract in Islamic banks: an analytical study

Saleh, Abdulmajid Obaid Hasan and Wiajaya, Devin Halim (2025) صور الحيل في عقود المرابحة في المصارف الإسلامية دراسة تحليلية = image of tricks in Murabaha contract in Islamic banks: an analytical study. Mashreq International For Books Sdn Bhd, Kuala Lumpur, Malaysia. ISBN 978-967-2416-96-8

	PDF Restricted to Registered users only Download (2MB) | Request a copy
	PDF Restricted to Registered users only Download (2MB) | Request a copy

Abstract

Murabaha to the purchase orderer is one of the most commonly used financing modes in Islamic banking, as it offers a Sharia-compliant alternative to interest-based lending by requiring the bank to first purchase and own the asset, then sell it to the client with a disclosed profit. However, real-world application has revealed serious deviations from these principles, turning the contract into a tool of deception that undermines its legitimacy. The research identifies recurring patterns of non-compliance in several financial institutions, which indicate systemic weaknesses in Sharia governance and internal control frameworks. Among the most critical deceptive practices observed are: signing the Murabaha contract before the bank acquires ownership or actual possession of the asset, which violates a core condition of the contract; allowing the client to act as the bank’s agent and then purchase the asset for themselves, thus creating a prohibited dual role; and using Murabaha to cover prior debts or provide disguised cash disbursements through fictitious sales, thereby reducing the transaction to an interest-bearing loan in form and substance. This research, using a descriptive and analytical methodology, seeks to expose the gap between classical Sharia theory and modern banking practices. Drawing upon contemporary fatwas, real case studies, and regulatory standards issued by Sharia supervisory boards, the study emphasizes that resolving these violations requires not only the formal existence of Sharia boards, but also their empowerment, independence, and effectiveness. Furthermore, it calls for comprehensive training for Islamic banking staff in both jurisprudence and operational compliance. Ultimately, it urges the implementation of strict oversight mechanisms to safeguard the ethical essence of Islamic finance and maintain public trust in its institutions.

Item Type:	Book
Subjects:	BPH Islamic Economics > BP321.7 Tawarruq – Murabahah BPK Islamic law. Shari'ah. Fiqh BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Institute of Islamic Banking & Finance (IIiBF)
Depositing User:	Dr Abdulmajid Obaid Hasan Saleh
Date Deposited:	24 Jun 2025 08:16
Last Modified:	24 Jun 2025 08:17
URI:	http://irep.iium.edu.my/id/eprint/121644

Actions (login required)

View Item