A Fiqh-Based Evaluation of Bank Promotions Paid to Employees within the Framework of Reward Commitment Ödül Taahhüdü Çerçevesinde Çalışanlara Ödenen Banka Promosyonları: Fıkhî Bir Değerlendirme
Darulfunun Ilahiyat, cilt.37, sa.1, ss.283-317, 2026 (Scopus, TRDizin)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 37 Sayı: 1
- Basım Tarihi: 2026
- Doi Numarası: 10.26650/di.2026.37.1.1857074
- Dergi Adı: Darulfunun Ilahiyat
- Derginin Tarandığı İndeksler: Scopus, ATLA Religion Database, Index Islamicus, Directory of Open Access Journals, TR DİZİN (ULAKBİM)
- Sayfa Sayıları: ss.283-317
- Anahtar Kelimeler: , Principle of Precaution (Iḥtiyāṭ), Bank Wage Promotions, Defective Contract, Islamic Law, Reward Commitment (Ju̢ālah)
- Atatürk Üniversitesi Adresli: Evet
Özet
This study re-examines debates on promotional payments made by banks by identifying the material reality and the relevant legal phenomenon based on legislation, employment contracts, judicial decisions, and current practices. The fiqh dimension of promotion practices is analysed within the framework of general contract theory, ribā, reward-based commitments (ju̢ālah), ḥawāla, defective contracts, the change of cause in ownership, the non-specification of monetary assets, and the principle of precaution, drawing on interpretations across Islamic legal schools. The study identifies the bank and the employer as the direct parties to the promotion arrangement, with the employee indirectly related through statutory provisions or employment contracts. Accordingly, the transfer of promotion payments is examined within the classical framework of ḥawāla, and such payments are analysed as a distinct financial entitlement arising from reward-based commitments. The study aims to present a theoretical framework for promotion agreements within the scope of reward commitments and to offer an alternative analytical perspective through tabaddul al-sabab and the non-specification of monetary assets.