عمولة الالتزام في المصارف الإسلامية: دراسة اقتصادية فقهية [Commitment Fees in Islamic Banks: An Economic and Jurisprudential Study]

Abstract

This research aims to develop a comprehensive understanding of the commitment fee in banking, as a sound judgment on a matter depends on a thorough grasp of it. Furthermore, it seeks to trace the various jurisprudential opinions regarding the application of this fee in Islamic banks, examine their supporting evidence, and determine the most authoritative view. A commitment fee is an amount charged on the unused portion of a binding credit facility agreement. It enables both the bank and the client to manage internal and external credit risks and obligates the bank to set aside a portion of its funds. There is a divergence of opinion among contemporary scholars regarding its permissibility. The majority view prohibits it, for it represents the sale of a non-sale item, In contrast, a minority of scholars permit it on the basis that it is a valid exchange for a commitment that possesses financial value or that is a compensated waiver of the right to contract. The research discussed the claim that commitment is a financial right, and it clarified the jurisprudential classification of the commitment fee as a form of reconciliation over a right. It favored its permissibility based on the principle of the permissibility of waiving a right for compensation, the permissibility of compensating for and reconciling over damages, and the permissibility of acting according to specific customs in evaluating something that lacks a financial value. Furthermore, it relied on the discretion of the legal guardian in civil law, which mandates the fulfillment of a necessary promise, and it argued that reconciliation on a fee without legal litigation offers a relief to people.