کتاب: جدید معیشت،تجارت مروجہ اسلامی بینکاری میزان شریعت میں خصوصی اشاعت - صفحہ 540
condition of sadaqa is not permissible in any shape, way or form. Irrespective of whether this sadaqa money is utilized by the bank or some welfare institute. Instead the golden Shariah given rule of extending the time limit for the poor and the destitute must be applied. If the bank is fearful that the customer is delaying on purpose, then in case of a payment, instead of a fine some other method must be adopted. For instance at the time of selling a car, or a house or something else a services charge can be received along with its price and in case of a delay in the collection of payment, a condition of eliminating these services or delaying them can be set. In case of murabaha; the bank instead of appointing the concerned customer as its lawyer, should appoint someone else as its lawyer. It is essential to avoid “At-tauraq Al-munazzam” in murabaha. No promise should be undertaken from both the concerned parties within a particular agreement; and if the promise is one-sided; either from the bank or the customer, then it should not be made legally compulsory to fulfill it. Instead of “Ijara muntahiya bittamleek’, an Islamic bank can adopt the formula of “Baye uttaqseet” as an alternative. After the application of this formula, although the bank will be bound to transfer the ownership of the said good/item/product to the customer, yet a condition can be set that the bank will keep the said product in its custody as a guarantee only until the customer completes his/her payment in full. In case of damage or destruction of the product, bank will not be forced to act as a guarantor. Also through the implementation of “Baye uttaqseet”, an Islamic bank can eliminate other shariah-related flaws from the system if ijara