Katılım Bankacılığında Uygulanan Finansal Kiralama Yöntemindeki Risk Faktörünün İslam Hukuku Açısından Değerlendirilmesi
Evaluation of the Risk Factor in the Financial Leasing Method Applied in Participation Banking in terms of Islamic Law

Summary/Abstract: Leasing, one of the financial instruments of participation banks, is a recent contract not existing in the classical period. The leasing that ends with the transfer of ownership to the customer at the end of the lease term comprises the lease contract with the aspect of the assignment of interest and the sale or the grant contract with the aspect of the assignment of goods by payment or without payment. The leasing has been the subject to different assessments correspondingly its imagination at the Fiqh and has been discussed in some aspects of it. One of these discussions is related to the risk factor affecting whether the profit is valid. Participation banks, which take the principles of Islamic law as a reference, realize the funding not only as a financial activity but as a commercial activity while providing funds to their customers. So it is important for participation banks to assume the risk in financial leasing, which is one of the lease-based funding methods. Thus, it is noteworthy that the lease agreements of participation banks are examined in this aspect. In this study, in which we analyzed the risk factor in the “Financial Leasing” contracts of the participation banks, we examined that the banks did not undertake the risk factor.

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