بيع الدّين وتطبيقاته المعاصرة في البنوك التجارية والإسلامية دراسة تحليلية

This study focuses on debt trading Bay’ al-Dayn and its contemporary applications in both commercial and Islamic banks. It has been aimed out analytically, focusing particularly which aspect of the debt trading is within the Islamic law. This is a library based descriptive analytical method, through the collection of information, classification, analysis and arguments that served the objectives of the research. The findings indicate that the debts is the most exposed phenomenon of this century, and also the study shows that the debt market is developed and diversified by years. Additionally many contracts are based in debts trade which makes us more careful in accepting or rejecting the contract. The study finds some major abuses in Islamic banking transactions, this leads to an urgent need for Islamic banks to focus their next development stage in correcting and purification of its transactions from all forms of usury – obvious or hidden - so that these institutions return back to the core functions, as investing funds, encourage savings, and the revitalization of economic life in different areas. This study differs from other studies in terms of issues, and combination between the narrative and exploratory nature of the subject through a realistic approach in debt trading at the level of commercial and Islamic bank. The study has also been addressed to the Malaysian experience in the debts trading. The research found that the existing banks, whether conventional or Islamic prefer the dealing with debt financing than to invest in beneficial projects, and this is due to the lack of risk, and the study show that the origin of debt financing in commercial banks based on usury, in other side the fundamental characteristic of Islamic banks is the absence of a usury. That study pointed to some irregularities in some of the contracts of some Islamic banks. Finally the study highlights some solutions and suggestions. As well as some preponderant legal alternative which are accepted by jurists.