اسلامی بنکاری میں عقدِشراکت سے حصول ِملکیت کا شرعی طریقہ

Abstract

This paper intends to discuss the mode of Mushārkah to that of ownership in the light of Islamic Sharī‘ah considering current practice of Islamic Banking. There are opinions of scholars regarding this step of possession from partnership exercising agreement based upon partnership. This study incorporates different dimensions of partnership highlighting its various types and different juristic opinions in this regard either in the favor of execution of this financial mode or rejecting partially or otherwise. Employing analytical method, it has been visited number of traditional and modern view regarding the subject matter. As in diminishing Mushārkah contract, the client pays all expenses that consequent to ownership. It is concluded that the modern method of partnership, which is a new form of participation, is consistent with its origin and traditional permissible mode with particular conditions, so it is included in the financing issues of Islamic banks.