Author
Salih Guner
Publication Place
Hits University -
Hits University
Subject
Hittite Journal of Theology, 2023-12, Vol.22 (2), p.781-802
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
EISSN: 2757-6949, DOI: 10.14395/hid.1321865
Record ID
cdi_doaj_primary_oai_doaj_org_article_32aa6ca9f16b45d0a88e885ae9729db2
Library Location
DOAJ Directory of Open Access Journals (WRLC)
Notes
Asset Management Companies emerged with the aim of purchasing problematic assets in financial institutions, providing liquidity to the institution and purifying these institutions from problematic assets. The deterioration in the country's economy from time to time and the resulting deterioration in the economic situation of citizens and financial institutions have led to the establishment of these companies. Although the first example of an Asset Management Company was seen in Austria in the 1930s, these companies started to come to the fore in our country after the 2001 crisis. We cannot say that Asset Management Companies take into account the prohibition of interest in Islamic law because they are established to purchase problematic assets in conventional banks in very low amounts and collect these debts from the original owner. Therefore, it is not possible to say that existing Asset Management Companies have legitimacy in terms of Islamic law. On the other hand, when we consider that participation banks may also have problematic assets, there should be a need for an Asset Management Company that conducts interest-free transactions and complies with the principles of Islamic law. In this context, it is necessary to determine some principles for Asset Management Companies that aim to operate within the framework of Islamic law rules. Debt and sale practices in the history of Islamic law have been widely discussed by scholars. The main source of the discussion is Hz. It is narrated from the Prophet that "The Prophet (pbuh) prohibited the sale of debt for debt." constitutes the hadith. As a matter of fact, many opinions have been expressed around this hadith, it has been stated that the hadith is weak, and although it is also stated that it is weak, opinions have also been expressed that it is correct in terms of meaning. On the other hand, there are disagreements about which of the debt-selling practices the hadith covers. Some scholars accepted the hadith as absolute and did not allow the sale of the debt in any way. Some scholars, on the other hand, have kept the scope of the hadith narrower and stated that debt selling practices that create a transaction with interest or that do not benefit people are not permissible. The Hanafi sect does not allow the sale of debt in any way on the grounds that it is not deliverable. Although the Shafi'i sect has such a view as a sect, it has experienced individual disagreements on the issue of purchasing the debt in cash in exchange for goods. The Maliki sect is more moderate than these two sects. As a matter of fact, he adopted the view that it is possible to sell the debt to the debtor himself or to a third party in exchange for goods or benefits, subject to certain conditions. The scholars who act most freely on this issue are Ibn Taymiyya and his student Ibn Kayyim al-Cevziyye. According to these two scholars, debt selling, which is prohibited by the hadith mentioned above, is when both parties engage in a new buying and selling activity on a forward basis without having a previous debt. It is possible and permissible to sell a debt fixed in zimmah, to the debtor himself or to a third party, in exchange for a remnant or the benefit of the same. In addition to the opinions mentioned above, there are those who make ijtihad on the view of the Maliki sect among today's scholars or fatwa committees. For example, the Islamic Fiqh Academy and the Advisory Board of the Participation Banks Association of Turkey have expressed the opinion that practices such as selling the debt in cash to third parties for the benefit of an in kind or in kind or in exchange for a service may be permissible. In this article, the issues of how an Asset Management Company that can operate in accordance with the principles of participation finance should be, as it is thought to be a current need, and the methods by which it can purchase problematic assets on the basis of which principles, are discussed. In this context, first of all, the practices in classical fiqh works on debt and sale practices were examined and evaluated, and then an Asset Management Company model that operates in accordance with Islamic law was proposed.
Detaylı Başlık
Katılım Finans İlkeleriyle Uyumlu Faaliyet Yürüten Varlık Yönetim Şirketine Dair Bir Öneri
