الضمان البنكي والاعتمادات المستندية وتطبيقاتهما المعاصرة: دراسة فقهية

Abstract

This research aims to:
1- To study the Islamic jurisprudential classification of bank guarantee letters and analyze the different opinions regarding the nature of the relationship between the bank, the customer, and the beneficiary.
2-To explain the Islamic legal rulings on charging fees for bank guarantee letters, distinguishing between guarantee fees, administrative expenses, and actual costs.
3-To study the Islamic jurisprudential classification of documentary credits and explain how full, partial, or no financial coverage affects the nature of the relationship between the bank and the customer.
4- To explain the ruling on charging fees for different types of documentary credits and analyze and discuss the evidence supporting the various jurisprudential opinions.
5-To benefit from the resolutions of Islamic Fiqh Academies and the fatwas of specialized scholarly bodies in examining the rulings related to these financial transactions.
6- To contribute a scholarly jurisprudential study that helps clarify the Islamic legal rulings concerning bank guarantee letters and documentary credits and supports their proper application in contemporary financial transactions.
This research adopts the following methods: Inductive Method, Descriptive Method, Analytical Method, Comparative Method.
Main Research Findings:
- Guarantees are an important topic in Islamic jurisprudence because of their numerous applications in contemporary financial and banking transactions.
- A financial guarantee involves an obligation to fulfill a financial right, whereas personal suretyship involves bringing the person concerned before the relevant authority. Each has its own Islamic legal rulings and implications.
- The relationship between the bank and the beneficiary is based on suretyship. As for the relationship between the bank and the customer, it is classified as agency to the extent of the financial coverage and as a guarantee for the uncovered amount, according to the classification preferred by this research.
- The research concludes that charging a fee solely for providing a guarantee is impermissible because a guarantee is a gratuitous contract intended to provide assistance. However, administrative expenses and actual costs may be recovered, subject to Islamic legal requirements.
- Documentary credits are important banking instruments in domestic and international trade because they help document transactions and protect the rights of importers and exporters.
- The ruling on charging fees depends on the actual nature of the transaction. Fees may be charged for agency and lawful independent services, but compensation for the guarantee alone is impermissible. The extent of financial coverage and the terms of the contract must also be taken into account.
- For bank guarantee letters and documentary credits to be permissible, they must be free from Islamic legal prohibitions, particularly interest (riba) and contractual terms or arrangements that conflict with Islamic Sharia.
- The resolutions of Islamic Fiqh Academies and the fatwas of Sharia supervisory bodies are important in regulating new banking transactions and clarifying the distinctions between guarantees, agency, and banking services.
Keywords:
Bank Guarantees, Banking Guarantees, Suretyship, Bank Guarantee Letters, Documentary Credits, Islamic Jurisprudential Classification, Fees for Guarantees, Administrative Expenses, Banking Transactions, Islamic Jurisprudence.

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