Baberti

Abstract

Feyza Cevherli’s book “Mudarabah and Participation Banking in Islamic Law” offers a comprehensive and multifaceted study that builds a solid bridge between the classical Islamic legal heritage and contemporary Islamic finance practices. Originally prepared as a doctoral dissertation at the Institute of Social Sciences, Sakarya University, the work focuses on the labor-capital partnership known as mudarabah, examining it through both theoretical and applied lenses. The first chapter outlines the classical partnership models in Islamic jurisprudence, providing an in-depth discussion of the definition, essential elements, legal nature, rights and responsibilities of the contracting parties, and the rules of profit and loss distribution in mudarabah contracts. The second chapter analyzes how mudarabah is practiced in modern participation banking, particularly in Turkey. It discusses fund collection and utilization methods and examines the relationship between mudarabah and contemporary financial instruments such as participation accounts, special fund pools, sukuk, microfinance, and crowdfunding. The third chapter evaluates the treatment of mudarabah in contemporary Islamic legal literature, focusing on the standards and publications of leading institutions such as AAOIFI, IFSB, and IIFA. These sources are analyzed to understand the prevailing juristic perspectives on mudarabah in modern Islamic finance. The fourth and final chapter is based on original field research, involving semi-structured interviews with staff from six participation banks operating in Turkey. These interviews identify key barriers to the effective use of mudarabah, including regulatory challenges, operational limitations, lack of qualified personnel, and low public awareness. Cevherli offers concrete solutions to overcome these obstacles and presents a roadmap for enhancing the role of mudarabah within the broader Islamic finance system. With its strong command of classical sources and empirical insight into current banking practices, this work stands out as a valuable academic reference for scholars, researchers, and practitioners in the fields of Islamic law, Islamic economics, and participation banking.