المعاملات المالية المصرفية للجاليات الإسلامية "دراسة فقهية مقارنة"

Banking Financial Transactions for Muslim Communities
“A Comparative Jurisprudence Study”
Abstract:
This study aimed to highlight the reality of Islamic law (Sharia) and its flexibility and ability to deal with emerging jurisprudential issues in this matter that affect Islamic communities and minorities. It also aimed to clarify the ruling on depositing money in usurious banks in non-Islamic countries, to explain the legal ruling on usurious interest resulting from usurious deposits, and to state the legal ruling on borrowing by individuals of the Islamic community from usurious banks. The study used inductive analytical design as the study approach. The study reached several results including:
1.    It is not permissible for Muslims residing in non-Islamic countries to deposit their money in usurious banks.
2.    It is not permissible for a Muslim to deal with any type of usurious bank loans, whether they are consumer loans or production loans.
3.    If a Muslim residing in a non-Islamic country is forced to deposit his money in the bank and usurious interest accrues on it, then it is permissible for him to receive this interest, provided that it is given in charity to the poor and needy.
4.    It is not permissible for Muslims residing in a non-Islamic to deposit their money in interest-bearing banks in savings accounts or fixed deposits with the accrual of interest, unless there is no Sharia-compliant alternative to protect their money from theft and loss, or for legitimate trading.
The study reached several recommendations including that researchers should intensify their research activity in the jurisprudence of communities. It also recommended research on citizenship and explaining its jurisprudence, its problems, and solutions to these problems, given that many Muslims have acquired various European nationalities, making the jurisprudence of minorities or communities no longer suitable for them.
Keywords: bank loans, financial transactions, minorities, Islamic communities, usurious interest.