Murabaha and its Legitimacy

Murabaha is an Islamic contract and one of the means of Islamic banks advance. In two ways, Murabaha will be signed: murabaha that a person purchase a commodity and sell with some profit; Murabaha that in addition to the buyer and seller, the bank participates in contract. The bank purchase the commodity from the seller, on the basis of purchase order, then under the murabaha contract, sell to customer with some profit. In this type, bank may sign agent contract with customer. Also it is possible that, the bank issue credit card. In fact, murabaha referred to "Inah'' that was expressed in the Islamic jurisprudence. In this type, the contract is made by combination of purchase order and customer’s obligation to purchase from the bank, the bank’s obligation to give agent to customer, payment on the basis of credit card and selling commodity to customer. In this contract, the bank acquires ownership of the commodity, and then sells to the customer. In this agreement, customer’s obligation to purchase from the bank, is legitimate and takes its binding power from mutual consent. In our law, Article 10 of the Civil Code can be documented for the legitimacy of this agreement. But agency granted by the bank to the customer and payment by credit card, is objectionable and drawback.