Jurisprudential and legal study of the transfer of proprietary property in the Iranian banking system
Subject Areas : Islamic low
Naser Zanghbari
1
(Doctoral student of Fiqh and Fundamentals of Islamic Law, Mahlat Branch, Islamic Azad University, Mahlat, Iran.)
Mohammad Reza Salimi
2
(Assistant Professor of Fiqh and Fundamentals of Islamic Law, Mahalat Branch, Islamic Azad University, Mahalat, Iran.)
Farzaneh Akrami
3
(Assistant Professor of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.)
Keywords: relevant practical and executive solutions,
Abstract :
In the banking system of Iran and within the framework of money and banking law, the law on banking operations without usury; regulations, instructions and directives of the Central Bank, numerous and various transactions between the bank and their customers are concluded. Eqalah has been used effectively as one of the solutions to break the necessity contracts in this system, and the main application of Eqaleh in the banking system is the transfer of ownership of banks' properties. In this regard, each bank, due to the lack of clear regulations, with the withdrawal of taste from the current regulations and laws, at the request of the bank's mortgage or customer, the property is transferred. Due to the fact that no practical research has been done in this area and in the implementation of aqala in the banking system, this article tries to examine the position and function of aqala in Iranian banking system, relying on banking procedures and related laws and regulations and also
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1- The Holy Quran.
2- Ahangaran, Mohammad Rasool (2020). Deficiencies of Islamic banking in Iran with a focus on the
requirements of jurisprudential education and research. Quarterly Journal of Islamic
Jurisprudence and Law. N 57.
2- Abu Muhammad, M. (1969). المغنی. Damascus: Cairo Library.
3- Boroujerdi protest, M. (2003). Aqaleh. Journal of the Bar Association. N4.
4- Emami, H. (1993). Civil Rights. Tehran: Islamic Publications.
5- Al-Zuhaili, W. (1997). Islamic jurisprudence and its evidence. Damascus: Dar al-Fikr School of
Jurisprudence Library.
6- Zanzibar, N. (2016). Banking rights. Co 1. Tehran: Jangal Publications.
7- Zanzibari, N. (2016). Banking rights. Co 2. Tehran: Jangal Publications.
8- Shahidi, M. (2003). Civil rights fall obligations. Tehran: Majd Publications.
9- Sheikh T. (1993). Alkhalaf .. co6 Qom: Islamic Publishing Institute.
10- Sheikh T. (1991). Contrast. Co 3. Qom: Islamic Publishing Institute.
11- Sadr, M. (1996). Beyond Jurisprudence, Beirut: Dar Al-Ahya Al-Tarath Al-Arabi.
12- Katozian N. (2013). Civil law in the current legal system. Tehran: Justice Publishing.
13- Katozian, N. (2006). Introductory course in civil law, legal acts (contract-agreement). Tehran:
Anteshar Co.
14- Katozian, N. (2009). Civil law, general rules of contract. Tehran: Anteshar Co.
15- Mahboubi, N. (2016). Jurisprudential and Legal Review of Eqala, Tehran: Majd Scientific and
Cultural Association Publications.
16- Najafi, M. (1994). Jawahar al-Kalam, Beirut: Dar Al-Ahya Al-Trat Al-Arabi.
17- Nouri, M. (1903). Al-Wasayl, Qom: Al-Bayt.
18- Central Bank supervisory policy packages