A Jurisprudential Review of Ja'alah's Contract

Ja'alah (a promise of reward) is one of the ways to deal with others in Islamic jurisprudence which has considerable importance. This type of dealing allows consuetude in many sentences, just like other Signed deals not established one. In banking operations without usury it is tried to be using from this solution as an alternative ways instead of usury debt. There are Disagreement between jurists, mentioned in their works, in that is it possible to replace Ja'alah with all of juridical and legal provisions, instead of usury debts. We will pay to problem with the focus on Ja'alah contract materials by a quick and fast look in this Brief article. In this research using library based method, we will try to match the pillars and conditions of Ja'alah in Imaiah jurists famous sentences with what is in the contract. The purpose of that is to be shown the coherency between what is running in usual banking system and what is came in judicial texts. As a result it can be argued that although the entire clauses of contract have not bug, but some of it have, so we cannot say what is running in usual system is completely suitable and based on juridical foundation solution for usury debt in usual banking system. Finally, there are References to solving the problem, but the purpose of article is showing the present juridical bugs.