The Evaluation of Bank Deposits and suggestion for the new deposits

Author(s):
Abstract:
Common banking industry with more than one hundred year experiences in provide the resources, now is dealing with new deposits which are in accordance with the nature of banks in the economical special firm on one hand and with the behavior of depositors on the other. These deposits are categorized in to three groups; sight deposits, savings and long _ term deposits.From the Islamic Fighi perception, savings and gong _ term deposits are illegal and usury and they are not enforceable in the Islamic countries; therefore in non _ interest banking law, interest free saving deposits and investment deposits had been placed instead of them.The execution of non _ interest banking law for more than twenty year, gives us the opportunity to investigate the resource providing sector and different kinds of bank deposits in the following respects.1. The adoption of the deposits to the nature of banks.2. The adoption of the deposits to the behavior of depositors and (3) vindication of depositor's rights.Although the new law was not useful in compensation of the interest omission, it was appreciated any how.The following problems were caused by the execution of the new law.1. Using the interest _ free legal relation which itself is a charitable contract caused banks to be viewed as charity institutions. The effects of such interpretation are observable in the people's charitable expectations, government and Majlis facilities.2. Using the interest _ free legal relation caused banks not to pay interest to the depositors. In such case, banks return to the deceptive bounties as means of motivation. This action has the following consequences: (1) banks fall in to a decline and become instable, (3) deposits will be transferred from one bank to the other because of different advertisements (4) The unjust distribution of bounties among depositors by lotting which is not the sound distributive from.3. Using the interest _ free legal relation caused banks not to pay nominal advantage to the depositors, so the real value of deposits will decrease. In such case, depositors not only could receive their real advantage but also the real value of their despites will be decreased and this could cause instability of deposits4. From theoretical perception, in using investment deposits and their distribution there is not enough variation so some of the depositors who seek certain interest are left with out any answer.If we restudy the legal contracts, the bank's nature, the depositor's behavior and economical situation, we could revise legal relations and the manner of using deposits much more better.In the following article various kinds of banking deposits are suggested on the basis of two assumptions changing non _ interest banking law and keeping it.
Language:
Persian
Published:
Islamic Economy, Volume:4 Issue: 15, 2004
Page:
31
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