If there is no justification for the sale of foreign currencies to the Islamic bank, the contract must be terminated, and the purchased amount returned to the Central Bank of Syria following the prescribed procedures:
1. The exchange contract, involving the sale of foreign currency by the Central Bank of Syria to the bank, necessitates the acquisition of a binding commitment from the bank in favor of the Central Bank of Syria, as per the approved format by the Supreme Sharia Advisory Board. This commitment remains valid on the condition that if the bank does not sell the foreign currency to its clients, it will sell it to the Central Bank of Syria at the same price. The Central Bank of Syria retains the discretion to avoid binding commitments.
2. If the bank adheres to the condition of the pending binding commitment and sells the foreign currency to the Central Bank of Syria, the obligation will be considered fulfilled. The binding commitment to exchange unilaterally is also permitted by Shariah in accordance with the Shariah standard for currency trading. The execution of this commitment is mandated by the Central Bank of Syria, either through notification to the bank or initiated by the bank itself in accordance with the terms of the exchange contract.
3. In the event that the bank reneges on the binding pending commitment issued by it, the Central Bank of Syria has the right to ask the concerned bank to compensate it for the actual damage. The compensation involves the Central Bank of Syria purchasing the currency from another party, with the concerned bank bearing the price difference
4. There are no objections by Sharia to establishing a redemption price for a commitment, as it is inherent to commitments; without such stipulations, commitments would lack efficacy. However, what is prohibited is a binding commitment resembling a contract for deferred exchange, which would render the commitment invalid in such circumstances.