جستجوی مقالات مرتبط با کلیدواژه "exchange contracts" در نشریات گروه "علوم انسانی"

By studying the existing works regarding the right of lien, it can be concluded that this right exists as an "absolute negative right" for the parties in the contracts, by which the parties can refuse to fulfill their obligations immediately after the conclusion of the contract. . make their obligations subject to fulfilling the obligations of the other party. In this theory, this right exists absolutely and unconditionally for each of the parties. This theory is stated in Article 377 of the Civil Code. In the research process, we come to the conclusion that this reading of the mentioned right is not without problems and it should be considered against some legal and jurisprudential principles and in some cases it leads to "intentional violation". In addition, the theory of "suspension" with the use of "objection and defense" can be presented as an alternative theory. According to this theory, not only is the lien not absolute and negative, but it is not multiplied by the number of parties.

One of the challenges of Iran's banking system is timely collection of bank facilities from customers. For various reasons, some of the recipients of the facilities default on the timely payment of their overdue debt and cause disturbances in the country's monetary system. In this regard, banks and credit institutions adhere to jurisprudence and legal foundations through tools such as redistribution, contract conversion or renewal and by dividing the contracts into partnership and exchange contracts, non-current claims are postponed. For this basis and considering that the legal solutions of deferment are actually a kind of transition from one contract to another contract that affects the way of calculating interest, it is necessary to answer the question of whether debt deferment in the banking system along with the collection of interest for the new period faces a legal and Shariah obstacle or not. The proven hypothesis of this research is that the postponement of bank arrears by receiving new interest in partnership and exchange contracts has no shari'a and legal problems.

The General Board of the Supreme Court of the Country invalidated the condition of "excess interest over Central Bank's approvals" in contracts granting banking facilities by issuing unanimous decision No. 794 dated 21/5/2013. Regardless of accepting or not accepting the criticisms of this ruling, this ruling is not controversial about "exchange contracts" whose interest rate is fixes at the time of conclusion, but because of the nature of "Partnership Contracts," it raises an important question. Did it include these contracts or not? In this regard, some experts believe that according to the "jurisprudential foundations" and the "law of interest-free banking operations" the mentioned decision does not include "partnership contracts" because the inclusion of "expected profit" is only to prove the permission of the bank to enter the stage. is the conclusion of these contracts and the rate of "definite profit" in these contracts is determines after the "end of participation and audit"; On the other hand, some others believe that the said decision includes "partnership contracts" as well because what is included under the name of "expected profit" rate in these contracts, in practice, without any change, is the basis for regulating the relations between the bank and the customers. Keywords: banking law, unanimous decision No. 794 of the General Board of the Supreme Court of the country, partnership contracts, exchange contracts, interest rate, approvals of the Jurisprudence Council on Money and Credit of the Central Bank.

The Holy Sharia has established several rights in the marriage contract to secure the couple's interests and strengthen the family's foundation. Most Imami jurists have recognized the right of lien for both parties in the exchange contracts and marriage. The right to lien is an option based on which each of the parties to the contract is allowed to refuse to perform his obligation until the other party's obligation is fulfilled. The recognition of the right to lien in family law, in addition to shattering the foundation of the family and increasing family harm, has increased the family's judicial challenges. The spread of unconventional dowers in Iranian society has doubled the problem of the right to lien. This has necessitated a jurisprudential review of the principles of the right to lien and the related laws. The research findings show that the jurisprudential principles of the right to lien face serious challenges. The current paper, using library resources with a critical analytical approach and examining various aspects of the mentioned issue, analyzes the jurisprudential foundations of the wife's right to lien in marriage. Therefore, after the preliminary reference to the right of lien in the legal system, it analyzes the jurisprudential-legal proofs and criticizes the most important views of Imami jurists. The research findings show that marriage is not considered as an exchange contract. And the right to lien in the exchange contracts and in marriage does not have a clear legal document.

One of the most controversial legal issues in the relationship between spouses is the exercising of the right of lien by the wife which is the subject of many lawsuits in the courts today. According to the opinion of most jurists, if the wife's dower is non-timed, she can refuse sexual obedience until the dower is received. The wife's refusal to submit sexually is done with Sharia permission, and for this reason, it does not destroy her right to receive alimony. The right of lien in marriage is proven by several reasons, the most important of which are traditions, the consensus of jurists, and considering marriage as an exchange contract. In the present research, we reviewed and criticized these reasons with a descriptive-analytical method based on library sources, and come to the conclusion that the proofs presented are not enough to establish the right of lien in marriage.

One of the most important challenges of the banking system is the bank interest rate and how it is determined.In many developing countries, without efficient structures, interest rates are usually set by order, regardless of the market situation, taking into account general economic indicators, including inflation, and with a supportive view towards some economic sectors.In Iran, due to some political and economic considerations, the determination of the interest rate was assigned to the Money and Credit Council by order, so that it can provide the basis for growth or strengthening of production or inflation control at its own discretion.  But in reality, this method, firstly, due to being influenced by the directive policies of various governments, and secondly, the failure to achieve some basic goals of the banking system, cannot be a suitable criterion for determining the optimal interest rate.Determining the interest rate of exchange contracts in Iran's usury-free banking system, inspired by Taylor's rule, can help the country's economic policymakers in achieving the goals specified in the country's monetary and banking law and has stabilizing effects on the country's economy. Therefore, in this research, the system of simultaneous equations and the three-stage least squares method (3sls) was used to model the determination of the policy interest rate and obtain the coefficients of the variables.The results of the research for the period 2018-2019 show that firstly, the monetary authorities' reaction to the production gap and expected inflation is not compatible with Taylor's generalized rule and second, choosing the best methods of setting quantitative goals for Iran's economy in development programs will be meaningless until the regular method for determining the interest rate is implemented.

According to the literature and researches, the method of financing economic activities, including the service and trade sectors, play an important role in facilitating economic growth. In this regard, this study has been written with the aim of investigating the effect of exchange contracts on the value added of the service sector.For this purpose, the variables of facilities granted in the form of exchange contracts to the service sector, per capita labor force capital of the service sector, labor productivity in the service sector, facilities granted by other Islamic contracts to the service sector and the ratio of the real government expenditure to real GDP considered as independent variables. The value added of the service sector is also considered as a dependent variable. The period of investigation is from 1363 to 1398 and has an annual frequency in which data is analyzed using the ARDL regression model. The results show that in the long-run, the variables of per capita labor force capital of the service sector and Islamic exchange contracts facilities have a positive and significant effect on the value added of the service sector. In the short-run, independent variables have a positive and significant effect . However, the per capita labor capital of the services and facilities provided in the form of Islamic exchange contracts had the greatest impact on the value added of this sector, and other Islamic facilities have the least impact.

Asset quality of banks is a considerable indicator of bankruptcy signals, affecting efficiency and continuity of bank activities. Increasing the volume of non-current receivables increases the risk and adversely affects the efficiency of the banking network. planning to collect such receivables timely as well as prevention of mis management in the lending sector result in increased income, profitability, increased resources of banks, decreased credit risks, and low likelihood of bankruptcy. The aim of present research is to provide a mathematical model of fuzzy multi-objective optimization to optimize exchange and participatory contracts of banks. In present research, optimization is implemented by increasing current loans and minimizing credit and bankruptcy risks. After programming, research data is analyzed by using GAMS software. Results of the optimization of each category of loans include a 2% increase in current loans returns, a 2.1% decrease in risks the passed due dates, a 3.3% reduction of outstanding loans, and a 10.95% decrease in doubtful debts.

This study examines the impact of the facility structure for bank profitability in Iran, using panel data over the period 2005-2019. The method used in this study is Panel ARDL.In order to achieve this objective, of all the private banking institutions, we have chosen 9 banks that allocate their banking facilities in the form of Islamic contracts. Given that Installment sale and civil partnership, respectively, with 29/71% and 37/44% of total loans accounted for the largest share of banking facilities.Thus, in this study, in order to study the profitability of the banks, the variables above were considered as representatives of the sector of facilities. Also, the profitability criteria used include return on equity (ROE), return on assets (ROA) and net interest margin (NIM).The results of this study show that there is a positive and significant relationship between civil partnership and ROA in the short and long term, and between Installment sale and profitability measures ROA and ROE there is a negative relationship.According to the results, it is suggested that balancing the various types of contracts in the granting of facilities by the banking system. Also, given the lower profitability of exchange contracts for banks, an independent section under the supervision of the central bank is created to determine the rate of profit to encourage people to use the facilities above.

Based on the literature of Islamic economics, the bank facility in the form of partnership contracts is effective on investment motivation comparing to exchange contracts because of their return variety and risk distribution between bank and investor. Due to this and the implementation of usury – Free Banking law in Iran, in this study banking facilities’ effect in the form of exchange and partnership contracts on Iran’s privet investment analyzed. Seasonal data for (1999- 2013) and the ARDL approach is used. The results show that the facilities in the form of exchange and partnership contracts has positive and significant effect on privet investment in long run. Although the effect of Partnership contracts’ facilities on privet investment is more than the facilities of exchange contracts but the difference is not significant. In addition, public investment and price index has negative effect on privet investment while GDP has positive effect.

"Shariah supervision" in the banking system refers to all regulatory measures in order to ensure the compliance of banking system operations with shariah. The lack of shariah supervision in the banking system can lead to riba in the bank-customer relations, or invalidity of shariah contracts and the endangerment of property relations in the economy. In Iran in spite of the existence of “The Law for Usury (Interest) Free Banking law” since 1362, the lack of specific standards and institutions for shariah supervision, have caused several cases of non-compliance of operations, contracts and accounting methods in the banking system with shariah.
In this paper, using descriptive and analytical methods, after illustrating the importance and necessity of shariah supervision in the banking system and its various levels, we analyze the state of shariah supervision in Iran and clarify the weakness of Sharia supervision in legal, institutional and administrative aspects, which lead to many challenges in the banking system.
The main consequences of weak shariah supervision in Iran, which are considered in this paper include: bank's non-compliance with Wakalah contract requirements and transformation of Wakalah contract to ownership, obliterating the content of participatory contracts (such as Mudharabah and Musharakah). Exchange contracts (such as Ju’ala and Salam), non-compliance of accounting standards in foreign exchange operations and in the income statement of banks, with interest free banking criteria are the other factors.
Finally, based on the evolution of the global Islamic financial architecture, patterns of shariah supervision in the banking system in different countries, and relevant international standards in the shariah supervision of Islamic financial institutions, Proposals for enhancing the status of the Shariah supervision Council of the Central Bank are presented.

Lien is a balky right in exchange contracts each of the parties has the right to seize the property after the contract is signed unless the other party fulfills his commitments. In such contracts, submission and receiving the goods matter. Using analytical-descriptive methods and collecting library data, the researchers have investigated the reasons for creation and waiving for lien in exchange contracts and have concluded that the conditions of creation and waiving in the following cases are met in jurisprudence: "existence of sound exchange contract between the parties", "existence of main and bilateral commitments" "occurrence of the good and price in the present time" "non-submission of the each of the two case of right", "submissiblility of on the parties of contract", and the most important of such a right is the existence of main and bilateral commitments. Among the conditions of waiver are the following: "the will of the rightful owner (waving feasible by two parties)", "submission of one the two cases by parties", "providing security and bill for the price and goods", "determining time periods for the price or good", "waiver of bilateral obligations and debts", and " waiver of the right in custom". Among the mentioned conditions "waiving by two parties" is the most significant condition of waiver in exchange contracts.

There are various methods for mobilizing resources in an interest-free banking system, including pooled deposits and separate deposits. The purpose of this study is to develop a theoretical model to study the implications of pooled and separate deposit methods for initial paid profit and also expected profit from depositor's viewpoint. In the pooled deposits, bank receives deposits in one unified contract. But in the separate deposits, bank provides an option form depositors to choose between murabahe or musharakah contracts. The results of our theoretical model show that the Initial paid profit to depositors in pooled method is greater than or equal to initial paid profit in separate method. The result verifies the Markowitz’s portfolio theory. In other words, the portfolio diversity reduces the risk of bank customers. Moreover, we find out that the expected profit of depositors in pooled method is more than that of separate method. One can show that under certain condition when the depositors are very risk averse, they prefer the separate deposit to pooled one. Finally, we conclude that the best method for an interest-free banking system is to use both methods simultaneously. This provides more options for depositors with different preferences and hence increases their utility.

Contracts in Islamic banking are divided into two main groups, exchange contracts and participation contracts. In partnership contracts, the relationship between banks and depositors is forming according to the sharing depositor on gains from financial and business activity. The actual connection will be required in exchange contracts and monetary connection is not enough.
Formalization is one of the practical problems in Islamic banking. As a result, Contracts used in banking, Is un-Islamic. In this paper we investigate the formalization in Islamic banking contracts in Iran. This article uses the survey research methods on Shiraz Mellat Bank.
The results show, formalization of Islamic banking contracts in practice and in the minds of customers and bank employees is very high. Based on answer the questions, customers and bank employees often does not see difference between interest rates and bank profits and also does not see difference between Islamic banking in Iran and the usury banking. On the other hand, formalization construction factors are very high. Include incomplete information on the type of contract, Forgery of documents and lack of real participation of bank in contracts

Considering the important role of banks in the economy, it is necessary to study the effect of internal and external factors on the performance of banks. In this regard, this paper examines the impact of bank profit rates of the exchange contracts on the performance of banks during the time period of 2008-2013. For this purpose, econometrics analysis and estimation of panel data is used. The results show that there is a significant relationship between profit rate and other selected variables with the bank’s profitability. This study showed that the profit rate of the exchange contracts has a positive relationship with the return on assets ratio of banks. Hence, while selected banks considered in this study have increased their assets using different methods due to the inflationary conditions, they do not welcome the reduction in profit rates of the exchange contracts. This issue may be true in all other banks due to their role in corporates ownership. Accordingly, finding no solution to leave corporate ownership by the banks, the conditions for high rates of loans in the country is paved. Also, the results show that the other banking variables such as, interest-free income to assets ratio and loan to asset ratio, has a significant and positive correlation with the profitability of banks.

Lien is the right of recoupment by one party until liability fulfillment by other party. This right becomes binding in exchange contracts such as: sale and rent (lease). The main criteria for separationg them from non- exchange contracts is commitment and confrontation between parties, such that if one of these two is removed, the contrant will not been of exchange type. In addition to describing A major reason for conducting this research is investigation of the lien enforcement domain and lacking of its application for sale as well as highlighting its effects and consequences in mutual interest contracts from the viewpoint of jurisprudents. The research method is librarian and by using of appropriate.
In this writing we described lien. Results showed that enforcement domain of the lien is not limited to sale contract; rather it involves other contracts such as rentand mutual interest settlement. Some of its consequences are its deposition on the lienclaimer andlacking of need to bring a suit and the court sentence for enforcing it.

However, relation between conventional banking and real economy is not necessary, which means that may or may not be related to the real economy, the relation between Islamic banking and real economy is necessary. Accordingly, resource allocation to conventional banking in case which there no guarantee and trust is for return of net resource plus interest in form of usury loan, make no anxiety neither for bank nor depositors. Of course it does not mean that conventional banking and real sector of the economy do not have any relation at all. Undoubtedly, a part of economic development in west is indebted to their banking system. therefore analyzing and theoretical explanation of how relation between Islamic and conventional banking systems could help understanding of these two systems in fields of mobilization and resource allocation and the effects which could affect the advancement, growth, economic stability and controlling of economic fluctuation in every society, has special importance. This paper using descriptive methodology and investigate this hypotheses that Islamic banking in mobilization and allocation of resources is in relation with the real sector of the economy. Results suggest that all legal contracts used in the mobilization and allocation of bank directly or indirectly linked to the real economy and if properly implemented, Will result in Growth, development and economic stability in different economic sectors.

In the present article, besides examining the structure of interest-free banking and its methods of resource mobilization and allocation, we study and optimize the bank's behavior in the stochastic (indefinite) conditions. In other words, given the indefiniteness of account's profits and also of participatory contract's profits in the interest-free banking, the issue of stochastic calculus in mathematics is of a high usage in modeling these bank's behavior. In the present article, thus, using the stochastic optimal control technique, we examine the behavior of this kind of banks as an objective function, and identify, in the form of a theoretical model, that share of participatory and exchange contracts which maximizes the Islamic bank's share. Furthermore, we calculate the exchange rate elasticity and participation rate elasticity of contract's optimal share in the Iranian banking system.

This study attempts to compare between Exchange and Collaborative Contracts Accurately in various dimensions (economic, social and legal) and clarify the nature and the unique characteristics of each of these contracts (Exchange and Collaborative Contracts) and investigate Problems and deviations in the implementation of each of the contracts in Islamic banking of Iran. Ignorance parties (trade) brokers and clients to contract condition and the lack of information on the contents of the document signed contracts causes Reducing the efficiency of the banking contracts Even leads to interest and void Contracts. Greater familiarity with banking contracts can prevent to the improper use of these contracts and contaminate banking transactions to the unlawful God. Methods used in the research are the library, documentary analysis and These two contracts are compared from various aspects such as interest rates, costs, demand, and are described the advantages and limitations of each other.
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