GENERAL REGULATORY FRAMEWORK IN RASTIN PROFIT AND LOSS SHARING BANKING (PART I-OPERATIONAL CONTEXT)
DOI:
https://doi.org/10.32770/jbfem.vol111-26Keywords:
rastin banking, profit and loss sharing (PLS), partnership, rastin profit and loss sharing (PLS) banking, islamic banking, musharakahAbstract
This paper aims to explain the operational and legal infrastructure of Rastin Profit and Loss Sharing (PLS) Banking. To handle Rastin Banking, the particular theoretical and operational regulatory frameworks and legal context of the contracts should be defined to fulfil the participation operations. We will have a look at the necessary legal environment to setup Rastin Banking. This system requires more elaborations for further practical development and adjustment. In this system, the investment return of the participation is distributed to the parties of financial partnership (depositor, entrepreneur and bank), and it is done by eliminating fixed interest rate, and it is based on the real economy profit (return) of the activity. Rastin Banking can lead to important positive effects on growth and economic welfare through money and capital markets. Interest rate as an essential factor in conventional banking is not usable in Islamic banking and other similar institutions that work based on partnership, such as mutual funds and saving and loan associations. Approach of this system is entirely different from the conventional banking. In addition to removing usury in banking activities, Rastin Banking uses the best practical ethic finance to creating safe and public confidence environment for banking operations.
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References
Bidabad, Bijan, Mahmoud Allahyarifard. (2010). IT Based Usury Free Financial Innovations. Proceeding of ECDC 2010, 5th International Conference on e-Commerce in Developing Countries: with focus on e-Banking & e-Insurance. 15-16 September.
Bidabad, Bijan, Abul Hassan, Ben Ali Mohamed Sami, Mahmoud Allahyarifard. (2011). Interest-Free Bonds and Central Banking Monetary Instruments. International Journal of Economics and Finance. Vol. 3, no. 3, Aug, pp.234-241.
Bidabad, Bijan, Abul Hassan, Ben Ali Mohamed Sami, Mahmoud Allahyarifard. (2011). Interest-Free Bonds Financial Innovation, A Monetary Instrument for Economy at Crisis. Journal of Economic Cooperation and Development (JECD). 32, 1, 55-70.
Bidabad, Bijan; Azarang Amirostovar, Saeed Abdollahi, Mahmoud Allahyarifard, Eskandar Pordel, Maryam Heidari, Alireza Shafiei, Mohammad Ali Pourbehrouz. (2012). Draft of Rastin Banking Bill, Bank Melli Iran.
Bidabad, Bijan, Azarang Amirostovar, Saeed Abdollahi, Mahmoud Allahyarifard, Eskandar Pordel, Maryam Heidari, Alireza Shafiei, Mohammad Ali Pourbehrouz. (2012). Draft of Rastin Banking Executive Regulation, Bank Melli Iran.
Bidabad, Bijan. (2013). Rastin Certificate Market (RCM), Complementary System of Rastin Banking.
Bidabad, Bijan, Mahmoud Allahyarifard. (2013). Interbank Withdrawal Protocol (IWP), Complementary System of Rastin Banking.
Bidabad, Bijan. (2013). Rastin Profit and Loss Sharing (PLS) Base System. Journal of Islamic Economics, Banking and Finance, pp. 32-57, Vol. 9 No. 4, Oct - Dec.
Bidabad, Bijan. (2014). New Operational Islamic Banking System, Volume One, Theoretical Foundations, LAP Lambert Academic Publishing, OmniScriptum GmbH & Co. KG, ISBN: 978-3-659-54463-7.
Bidabad, Bijan. (2014). New Operational Islamic Banking System, Volume Two, Applicational Issues, LAP Lambert Academic Publishing, OmniScriptum GmbH & Co. KG, ISBN: 978-3-659-55210-6.
Bidabad, Bijan. (2014). Instalment Financial Sharing (IFS). Journal of Islamic Economics, Banking and Finance.
Bidabad, Bijan. (2014). Rent Financial Sharing (RFS). Journal of Islamic Economics, Banking and Finance.
Bidabad, Bijan. (2014). Joint Stock Company with Variable Capital (JSCVC), International Journal of Law and Management, Vol. 56, Iss: 4, pp.302 – 310.
Bidabad, Bijan. (2014). Bail Financial Sharing (BFS). Journal of Islamic Economics, Banking and Finance.
Bidabad, Bijan. (2014). Rastin Crowd Funding.
Bidabad, Bijan. (2014). Mudarebah Financial Sharing (MFS). Journal of Islamic Economics, Banking and Finance, JIEBF, Volume - 10, Number - 1, January - April, pp. 56-68.
Bidabad, Bijan. (2014). Rastin Group Funding (RGF). Bank Melli Iran, Tehran.
Bidabad, Bijan. (2015). Rastin Personal Security (RPS). Journal of Islamic Economics, Banking and Finance, JIEBF, Volume - 11, Number - 2, April - June, pp. 47-61.
Bidabad, Bijan. (2015). Rastin Social Takaful (RST). Journal of Islamic Economics, Banking and Finance, JIEBF, Volume - 11, Number - 1, January - March, pp.: 13-23.
Bidabad, Bijan. (2015). Rastin Swap Deposit. Tehran.
Bidabad, Bijan. (2015). Rastin Swap Card. Tehran.
Bidabad, Bijan. (2015). Serial Commitments Clearance (SCC) in Rastin Banking. International Journal of Law and Management, Vol. 57, Iss: 6, pp. 600-609.
Bidabad, Bijan. and Mahshid Sherafati. (2016). Operational Ethical Banking in Rastin Banking (Professional Ethic, Audit, Inspection, Control, Monitoring and Preservation). International Journal of Law and Management, Vol:58, Iss:4, pp. 416-443.
Bidabad, Bijan. (2016). Joalah Financial Sharing (JFS). Journal of Islamic Economics, Banking and Finance, Volume-12, No. 1, January-March, pp. 33-48.
Bidabad, Bijan, M. Allahyarifard, M. Sherafati. (2016). Rastin Partnership Accounting.
Bidabad, Bijan, A Amirostovar, M. Sherafati. (2017). Financial Transparency, Corporate Governance and Information Disclosure of the Entrepreneur’s Corporation in Rastin Banking. International Journal of Law and Management, Vol:59, Iss:5.
Bidabad, Bijan, S, Abdollahi, M. Sherafati. (2017). Enforcement of the Purports of Binding Banking Documents in Rastin Banking – Part I. International Journal of Law and Management, Vol:59, Iss:1.
Bidabad, Bijan, S. Abdollahi, M. Sherafati. (2017). Enforcement of the Purports of Binding Banking Documents in Rastin Banking – Part II. International Journal of Law and Management, Vol:59, Iss:2.
Bidabad, Bijan. (2017). Mortgage Securitization System (MSS), A Complementary System of Rastin Banking. International Journal of Law and Management, Vol. 59 Iss: 6.
Bidabad, Bijan. (2017). Money Laundering Detection System (MLD), Complementary System of Rastin Banking. Journal of Money Laundering Control.
Bidabad, Bijan, M. Sherafati. (2018). Sustainable Financing and Anti-Squandering Measures in Rastin Banking. International Journal of Law and Management (IJLMA), Vol: 60, Iss: 1.
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