Facility Contracts of the Country's Banking Network
Friday, 19 November 2021 11:08 banking network facility contract sharia council 616
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The Sharia Council of the CBI dealt with the facility contracts of the country's banking network based on the judicial authorities’ report.

The report of the Central Bank’s Sharia Council on announcing the results of the investigations and actions of the working group responsible for reviewing the correspondence received from the judicial authorities regarding the facility contracts of the country's banking network is as follows:

1- If the rate of return expressed in the facility application form is higher than the maximum expected rate of return approved by the Monetary and Credit Council, the resolution of the 29th session of the Sharia Council of the Central Bank on 23 Sep. 2020 will be the basis for action. *

2- How the bank acts in the losses resulting from civil Musharakah contracts based on the opinion of the Guardian Council is flawless.

3- Regarding the deferral of receivables of banks and non-bank credit institutions in the previous years and before the announcement of the "Instruction on how to defer the receivables of credit institutions", if it has been done based on relevant laws such as annual budget laws, including the Budget Law of 2013, there is no problem.

4- The use of civil Musharakah contract for granting working capital facilities for production units within the framework of the Central Bank's criteria is not prohibited from the sharia point of view.

5. In exchange contracts, the rate of return stated in the contract must be equal to the rate of return approved by the Monetary and Credit Council.

6- In connection with other inquiries in the received correspondence, including receiving the obligation to pay the debt from customers more than the mentioned amount, refusal of banks and non-bank credit institutions to deliver a copy of the contract to customers and non-compliance with the resolution of the Monetary and Credit Council regarding the relative distribution of funds received from the recipient facility, since it lacks sharia issues and considerations, there is no specific comment about it. In any case, the Central Bank's notifications regarding such cases are essential.

The violation of the rate of return of the facilities approved by the Monetary and Credit Council does not invalidate the contract, but is subject to the disciplinary measures of the Central Bank.

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