تحرير مذهب المالكية في بيع المرابحة للآمر بالشراء كما تجريه البنوك الإسلامية

Abstract

 This paper aims to liberalize the Malikite doctrine on the issue of the sale of murabahah to the one who ordered the purchase, and to explain what the Maliki doctrine was exposed to in the sale of murabahah to the one who ordered the purchase from confusion and imprecision! Correcting the scientific errors that many researchers have made regarding attribution and in relation to the Maliki school of thought; That is because many of those who say that a binding promise in the sale of murabahah is permissible to the one who ordered the purchase attributed to the Malikis to say that it is permissible, and in return - and this is paradoxically - those who say that a binding promise in murabahah is not permissible have attributed to the Malikis - also - the saying that it is not permissible to sell murabahah to the one who ordered the purchase at all. Whether the promise is binding or not! The researcher concluded that both parties were right in this. He indicated, with no doubt that the Maliki school of thought on the issue is not different from the rest of the schools of jurisprudence. Key words: ordering the purchase; Islamic banks; Sale; Release; The Maliki school of thought Murabaha.