Jurisprudence Islamic Selling Contracts and Their Role in Islamic Banks Activities

Abstract

This research related with Shareah contracts that applied by Islamic banks. it dealt with some jurisprudence aspects briefly. then moved to the application of them by these banks. It displayed some problems that accompanied with the application, making it difficult to these banks to fulfill these contracts as they elaborated in the shareah, this may force these banks or their clients to search about stratagems which leads to mistakes in applying the contracts from the point of view of shareah, or to make many difficulties for these banks to play the role of financial intermediation efficiently, although the research agree that these contracts represent the available way to Islamic banks now to act accordance with shareah, but agree also that this is not the end of the way, because of two reasons, First: the problems we referred to just above, Second: These contracts are not obligatory to Islamic banks (except Sarf contract - Exchange contract-.). The field was opened for them and for Islamic jurists, economists, and Islamic bankers to search about more suitable ways to act. On just one condition that is they must be in line with sharia.

The research ended with some recommendations and conclusions.

Keywords: Islamic banking, jurisprudence, shariah, Islamic, selling contracts