تفعيل آليات ضمان المضارب والمشارك في ضوء مقصد حفظ المال
Among the purposes of Shariʽah is the preservation of wealth without exposing it to destruction as it is a basis of life. Therefore, there are many rules in Islam that are meant to realize this purpose. After the reluctance of Islamic banks to roll out the product of mudhārabah or profit sharing due to the exposure of the capital to lost, there had been calls to creatively benefit from many methods to preserve wealth from being lost through focusing on governance and its four pillars: justice, accountability, responsibility and transparency. The paper intends to explore the issue of revitalizing the role of guarantee either form the operator or the capital owner. This issue has been a matter of dispute among contemporary scholars. Some of them focus on the aspect of economy and its modern requirements thus obligating the guarantee from the capital owner in an analogy with the case of common employee. Those who oppose build their argument on a view of an Islamic ruling stating that a privilege must be paid for thus saying that an operator or capital owner cannot offer a guarantee as it will be considered a negligence. In this regard this paper aims to contribute to revitalize the mechanisms of guarantee for the operator and the capital owner in order to restructure it in the form that is acceptable by the Islamic banks.
Keywords: Guarantee, MuÌÉrabah, Participation, Islamic banks.