Murabahah Contract as a means of Financing the Production from the perspective of Imami'eh Fiqh and Statutory Laws of Iran

Subject Areas : Jurisprudence of transactions

mohsen pahlevani ¹ , pezhman pirouzy ^{2 *} , ali zare ³

1 - The Islamic Azad University. Science and Research Branch. Tehran.Iran
2 - Islamic Azad university.ghods.tehran.Iran
3 - Associate Professor, Department of Jurisprudence and Law, Faculty of Theology, Science and Research Unit, Islamic Azad University, Tehran, Iran.

Received: 2023-07-14 Accepted : 2023-07-24 Published : 2025-12-27

Keywords: &quot, Murabahah contract, &quot, , &quot, profit&quot, , &quot, production&quot, , &quot, usury-free banking operation&quot, , &quot, Murabahah facilities&quot, ,

Abstract :

Murabahah contract is one of the sale contracts that can play an important role in production financing and economic prosperity, with description of inform to the capital and with respect of the seller or the producer of the goods. With all this, there are some uncertainties about the circle of inclusion and function of murabahah contract due to the ongoing procedure of the banks and financial institutes in the country. So that the jurisprudental approach and statute laws related to production prescribe some requirements which are different from the current procedure. The main question of the article is: do the statute laws and the ongoing procedure of the banks and financial institutes match with the real origin of sharia Murabahah contract or not? Does the model that it runs, in current situation help to the production boom in our country? Therefore, the main axis of this research is the comparison of current procedure with jurisprudence and statute laws, which has been reviewed with analytical-descriptive method. The origin and jurisprudential base of Murabahah contract has been the acceptance of profit with production boom and profit gain for the producers but the current procedure has declined the function of this contract to granting Murabahah facilities of services and it has fallen away from its main circuit. As a result, this procedure is opposite to the main function of Murabahah contract in Imami jurisprudence, and it requires the amendment of law in order to limit its function and execution method