Evaluation of the Issue of Undertaking of the Asset in the Murabaha Transactions of the Participation Banks from the Perspective of Islamic Law

In the 20th century, with radically changing world order and the capitalist/liberal economic system, individuals’ understanding of trade, money and consumption changed seriously. This modern economic system embodied form of banks strongly, and these banks have expanded areas of operations more than the past. These banks were based on interest loan system. They also increased in quantity. They were in existence in many countries, including Islamic countries. Conventional banking system, which is based on interest rates, has bothered Muslim scholars and has incited them to the search for solutions in this regard. As a result of this searching, the banking system, which is called as "participation banking" or "interest free banking" began to be implemented in Islamic countries. The deposit transactions in participation banks are carried out in accordance with forms of permitted shopping in Islam, such as qard-i hasen, murabaha, ijara, mü？araka and mudaraba. Participation banks, made some concessions to act according to Islamic rules in time. These concessions caused some problems in time, and Muslim scholars wrote a lot of work in this manner. Participation banks sell goods without virtual delivery and without drawing up documents in customer’s name in murabaha application. This is also considered as a concession. This practice has been criticized by some scholars. Within the framework of these criticisms, this study will seek an answer for important questions about delivery in murabaha application