الديون المتعثرة : أسبابها، وطرق معالجتها في الفقه الإسلامي : المصارف الليبية نموذجا

Abstract

This study clarifies how to deal with the non-performing loans in the Libyan banks and what are the ways to address them, Libyan banks are suffering from the problem of the non-performing loans especially during the period of banking transformation to the Islamic banking, where there is an imbalance in the methods of non-performing debt treatment. The researcher adopted the inductive, analytical and comparative approach, as well quantitative and qualitative to confirm the results of the research. The study examined the concept of religion with the structure, concept and legitimacy. The study studies the concept, stages, types and impacts of non-performing loans. The study also identified the Libyan banks and the Islamic banking within these banks, also the study mentioned stages of transition that they made. Then the study discusses in chapter four the reasons of the non-performing loans. In chapter five, the study discussed the methods of dealing the none-performing within the banks with some suggestions to deal with the problem within the Islamic jurisprudence frame. In chapter, six the study showed the field analyzes that has been done by the researcher, and analyzes the questionnaire by using the PSS software (Amos) and then listing the results of the questionnaire and discussing them. The study reaches to number of results, that the non-performing loans in Libya is very high, and its effecting on the transition to the Islamic banking and it needs to be address correctly and quickly. The study also showes that the causes of default are common between the client and the bank and the political, economic and legal conditions in the country. The study recommends establishing funds to deal with non-performing loans, and imposing of guarantying insurance in bank contracts, also supporting of defaulting customers, and supporting the insolvent clients in cooperation with the Zakat Fund. The study also recommends establishing suitable legislative and legal environment to reduce the non-performing financing in Libyan banks.