La compatibilità della finanza islamica con l'ordinamento italiano: commento al progetto di legge del 2017

Abstract

In 2017 a draft law on shari’ah compliant contracts was presented to the Chamber of Deputies. According to Profit-Loss Sharing principle, which is at the basis of Islamic contracts, in addition to providing credit the lender shares debtor’s business risk, and the ban on ribà, associated with the prohibition of interest and usury. There is a problem of compatibility between the Islamic finance approach and the Western finance model, only partially addressed by the draft law. However, Islamic contracts pursue an interest worthy of protection on the basis of article n. 1322, 2nd paragraph, of the Civil Code, and the transition to the universal bank model makes it possible to bring the Islamic bank back to the “bank model” disciplined by the t.u.b