کتاب: جدید معیشت،تجارت مروجہ اسلامی بینکاری میزان شریعت میں خصوصی اشاعت - صفحہ 536
is granted a higher weightage.
b.1) Diminishing Musharika:
These are two agreements under one agreement. Firstly an agreement for a musharika, then to accommodate for its diminishing, another agreement is drawn up within the first agreement.
Undertaking of a promise by the bank from the customer that he/she in that particular commodity/item/thing will buy the shares of the bank in installments; this condition in the musharika is a guarantee for the bank’s capital and profit, and in a musharika any guarantee for capital transforms it into an interest based musharika.
A delay in the payment of installments results in the implementation of the condition of ‘sadaqa’ – this in actuality is a penalty for the delay and is interest and haraam.
Murabaha:
The currently implemented system of murabaha in Islamic banking is not the regular, shariah-compliant murabaha, instead it is murabaha ‘lil-aamir-bisharai” – which means that on demand of its customer, the bank purchases his/her’s desired product/good/item and then sells it to the customers in installments after adding a profit margin to the cost of that item/product. Following are the shariah related flaws in this practice:
A regular, shariah-based murabaha is a trading agreement; on