Jurnal Kajian Hukum dan Sosial
Vol 19 No 2 (2022)

Trade of Debts Resulting from Financial Intermediation: Analysis from Sharia Perspective

Abdulazeem Abozaid (Faculty of Islamic Studies Hamad Bin Khalifa University)



Article Info

Publish Date
28 Dec 2022

Abstract

The modern financial system encourages people to incur debts to fulfill basic needs and spend beyond one’s wants. The core of this system is based on interest, which results from the financial intermediation between creditors and borrowers. Regardless of the interest element prohibited in Islam, the notion of excessive debt creation through financial intermediation and trading the debt is very serious, as it may lead to global financial crises. The study seeks to address debt trading from a Sharia perspective and address the justifications and attempts by some institutions to validate debt trading despite its established prohibition in Sharia. To achieve the above, the paper employs qualitative research methodology, which adopts a textual analysis approach together with a review of the stands of the contemporary Fiqh bodies. The study finds that the excessive creation of debt through financial intermediation and its concentration in financial institutions poses a severe threat to the economy and carries the seeds of financial crises. Following debt creation and concentration, debt trading aggravates the situation. It pushes it beyond borders, whereas Sharia, through prohibiting debt trading, advocated thoroughly in the study, gives Islamic finance genuine immunity against financial crises.

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...