BANK GUARANTEE IN ISLAMIC LAW Cover Image

BANKARSKA GARANCIJA U ISLAMSKOM PRAVU
BANK GUARANTEE IN ISLAMIC LAW

Author(s): Hakija Kanurić
Subject(s): Sociology of Religion, Sociology of Law, Sharia Law
Published by: ISLAMSKI PEDAGOŠKI FAKULTET U BIHAĆU
Keywords: bank guarantee; warranty; agency; legal nature; Islamic law;

Summary/Abstract: A bank guarantee is an instrument of protection against the risk of non-performance or irregular performance of obligations arising from a specific contract. This paper defines the concept of bank guarantee, indicates its subjects and types, and then presents the legal nature of bank guarantee in Islamic law. Modern scholars have linked the bank guarantee with classical contracts, such as suretyship, agency and mortgage, and on this basis have taken a position on the legal status of the bank guarantee in Islamic law. The paper critically analyzes and compares their arguments and draws conclusions.

  • Issue Year: 2023
  • Issue No: 15
  • Page Range: 73-97
  • Page Count: 25
  • Language: Bosnian