Abstract

Murabaha is an aspect of sale in which a commodity is sold at its cost price with specification of gain. Thus, it has been approved by the consensus of muslims on its valditiy and legitimacy by virtue of legitimizing, in general, the sale acts. Murabaha, however, has been approved under the following conditions and regulations:

1 - Its capital must be identified from a lawful sources.

2 - The capital must be of the same kind of the commodity.

3 - The first contract must be endorsed without any form of usury.

4 - A statement (declaration) showing defect.

5 - The first contract must be right.

6 - Deferred statement.

The study has tackled the verdict of irregularities and mistakes in the practice of Murabaha which affects the validity of its contract. Most importantly, the research has also considered the guarantees in the contract of Murabaha which represents the key factor of trust in the banking transactions of which risk is anticipated. Moreover, there is a consideration to the banking discourse of the contract of Murabaha in order to get use of it in