REGULATING PROFIT: COMPARATIVE ANALYSIS BETWEEN MOROCCAN BANKING LAW AND THE ROLE OF THE SHARIA SUPERVISORY COMMITTEE FOR PARTICIPATORY FINANCE

ISMAIL EL MAHDI

Profit is the growing portion of wealth; it is one of the primary objectives that drive investment in general. Moreover, achieving profit and avoiding loss is the true rationale behind the existence of banks, which have the right to maximize their wealth. However, banks are obliged not to prioritize profit maximization at the expense of societal needs. This raises the central question: To what extent can the regulations governing profit in participatory banks prevent customer exploitation while ensuring bank profitability? Achieving public welfare is a fundamental legal principle that obliges the state to protect consumers from the widening profit margins of participatory banks. In addressing this, I adopted an analytical method by examining the views of scholars, both past and present, and favoring the opinion supported by legal evidence and aligned with the broader objectives of Islamic law (Maqasid al-Sharia). The study yielded several findings, including that the establishment of regulatory standards for profit is intended not only to ensure profitability but also to forbid the wrongful appropriation of people's wealth or causing harm to them.