Abstract:

A significant portion of the assets in the balance sheets of banks is composed of the loans they have extended. The same situation is also valid for participation banks. In order to ensure that the asset quality of participation banks does not deteriorate, it is extremely important that the collection of the financing they provide is possible. Despite all the necessary precautions, in some cases, the finances given become non-performing and problematic receivables. In this case, conventional banks restructure their non-performing loans with an interest-bearing method or sell them to Asset Management Companies at a discount, provided that they meet the necessary conditions. Instead of these methods, which are problematic for participation banking, we see that various practices are in place. The contract of redemption (right of repurchase), which is applied as a debt restructuring method for participation banking, especially at the point of collection of non-performing receivables, emerge as an alternative debt restructuring method. In this study, after discussing the structure and functioning of the contract of redemption, the aforementioned contract will be evaluated within the scope of the sale of receivables (Bai al-Dayn) in classical fiqh. In addition, this study aims to show that this transaction, which is currently applied as a debt restructuring method, is an alternative method compared to other methods used by participation banks for restructuring.

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