Disputes and lawsuits arising from Murabahah contract in Iranian and malaysian jurisprudence
Subject Areas : Journal of Law and Politics
mohsen pahlevani
1
,
pezhman pirouzy
2
,
ali zare
3
1 - azad university
2 - Islamic Azad university. ghods.tehran.Iran
3 - azad. university.tehran.iran
Keywords: ", Malaysian sharia advisory council", ", Murabahah", Murabahah securities", capital", specific conditions of the Murabahah contract", ,
Abstract :
The murabaha is one of the Islamic contracts and it is a type of sale contract, which is annexed to the third chapter of the law of usury-free banking system (approved on 1362), according to the article 98 of the fifth development plan (approved on 1389). The conflicts between the payer and receiver of the facility is a common thing because of the extent of transactions in this district; but financial institutes insert some imposed restrictions and conditions that the applicants have no choice except accepting the conditions in the contract. The question is whether with these imposed conditions, it is possible to file a lawsuit and enforce the rights related to the resulting disputes in the legal system and courts of Iran and Malaysia? This research using descriptive, analytical and comparative method and document collection of information, concluded that the murabaha contracts of Iranian banks with individuals include imposed conditions that prevent protesters from suing such contracts. Also in Malaysian judicial system, while emphasizing the contractual terms, if the terms of the contract are unfair to one party, the courts will set aside the said contract and decide with observance of justice, however in case of conflict between sharia rules and federal laws, the judges use the federal law as the criterion of action. It is necessary to amend the current procedure of banks and review the imposed conditions contained in the murabaha contract, to file a lawsuit and fulfill the rights of individuals and execution of justice
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