Jurisprudential Study of the Means of Salvation from within in the Field of Stopping and Bankruptcy of Banks

Abstract

The Iranian government has revived banks and credit institutions by using public resources and borrowing from the CB under the "bail out"; But this method puts the pressure on all people. The present study has studied the jurisprudence of the tool of "bail-in". Bail-in is a tool that, absorbs the losses incurred in the debt column of the bank balance sheet, and converts part of the existing liabilities into bank shares. The method of jurisprudential study is multi-stage Ijtihad; According to this method, after examining the financial relations under the relevant jurisprudential topics, the research results were presented to 6 members of the jurisprudential-economic elite and the central research questions were consulted by 8 imitation authorities and the research result was approved by the majority of elites and scholars. The first result of this research is that in current and savings deposits that have the nature of Al-Qarz, the value of Al-Dain can not be forcibly reduced under any jurisprudential title, whether it is "Ibraa Al-Dain" or "Al-Hajr". The conversion of Al-Dain into shares also requires the "consent of the parties." Therefore, it is necessary that both central issues of the means of Bail-in, namely the coercive reduction and coercive conversion of religion, be stipulated in the contract. In case of long-term deposits that have the nature of a Al-Vakalat, whether the property of the subject of the power of attorney has been or has not been destroyed, in case of bank bankruptcy, it is not possible to reduce the bank liability. The solution to this problem is that the bank must condition the reduction and conversion of the obligation while concluding a power of attorney for long-term deposits.

Keywords

• jurisprudence
• iflaas
• jurisprudential study
• bank
• interest-free banking
• islamic banking
• bankruptcy of bank