Continuation
For some
instruments, there is an open discussion as to whether they are Shari’ah-compliant.
1.4.1 PROFIT
AND LOSS-SHARING (PLS) CONTRACTS
Islamic
doctrine considers PLS contracts to be closer to the dictates of the Shari’ah.
Being based
on risk participation, they are not only halal (Shari’ah-compliant).
Also PLS
contracts preferable to other types of contracts.
The most used
contracts are those of medieval origin, namely those involving:
-
mudarabah;
-
and musharakah.
The musharakah
contract was used in the Middle Ages to facilitate the joint ownership:
-
of property (sharika al-milk);
-
or of a commercial enterprise (sharikat al-’aqd).
From the research paper of
European Central Bank
(Authors: F.Mauro, P.Caristi, S.Couderc, A.D.Maria, L.Ho,
B.K.Grewal, S.Masciantonio, S. Ongena and S.Zaher)