تحقیقات مالی اسلامی (پیوسته) (Apr 2021)

Jurisprudential principles of the country's banking system interaction with foreign and international banks and institutions

  • mahdi khatibi

DOI
https://doi.org/10.30497/ifr.2021.241023.1624
Journal volume & issue
Vol. 10, no. 2
pp. 757 – 788

Abstract

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Today, the central bank and many banks in the country interact with foreign banks and international institutions.Considering that the conventional banking system is based on interest rates - that is, loan usury - and they are not obliged to observe the frameworks of Islamic law in their activities, interaction with such banks will inevitably place the bank in the vicinity of divine prohibitions; Unless the mentioned interaction is defined in the framework of jurisprudential principles.For this purpose, in the present article, which has been done by analytical-descriptive method, rules and regulations for the interaction of the central bank and the country's banks with foreign banks and international institutions have been extracted;Including: the rule of negation of the mustache; The sanctity of strengthening infidelity, the rule of obligation, the permission to abstain from the property of a military infidel, the permission to receive usury from a military infidel; And in each case, adaptations are mentioned.According to the rules and regulations, banks are also divided into several categories to pay attention to the relevant rules and regulations for interaction with each category.Finally, examples of interaction of the country's banks with foreign banks and international institutions are listed that the aforementioned rules and regulations can be effective in the type of interaction.

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