Abstract
The Individual Pension System in Turkey (BES) is an optional system through which specialized investment portfolios invest part of the money of people who want to save a certain part of their money on a regular basis in order to obtain these funds developed with a grant from the government after reaching a certain age. Investment portfolio companies invest these funds in investment funds with different investment fields and the subscriber in this system chooses the fund he prefers. Starting in 2008, the participatory financial institutions in Turkey began directing their clients to invest in the joint pension investment funds of traditional companies. And this continued until the middle of 2012, when the first company for individual participatory pension appeared in Turkey, before another company followed suit in 2013. This research dealt with the individual participatory pension system in Turkey in three sections: The first topic talked about the individual pension system in Turkey by giving an overview of its history and the types and expenses of participating in it, and by explaining the differences between it and the social retirement system, and then addressing the advantages and disadvantages of this system. The second topic deals with the individual participatory pension system in Turkey by studying the companies of this system and its investment funds. althrough more than seven years have passed, no third company for individual participatory pension has been established, out of the fifteen companies for individual pension in Turkey. And the participatory investment funds related to individual pension companies reached 53 out of 266 investment funds for individual pension in Turkey as a whole. And the amount of money invested in these funds exceeded 22 billion Turkish liras. As for the third topic, the doctrinal aspect of the individual participatory pension system in Turkey was studied. In it, the jurisprudential rule of the relationship between the parties to the system, including companies, subscribers, mediators, and the state, was mentioned. And it has been shown that paid wakala is the optimal jurisprudential rule for the relationship between individual pension companies and their subscribers. And the same applies to jurisprudential rule of the relationship between the individual pension company and the mediators and between the individual pension company and the state. As for the relationship between the participants themselves, it is considered a profit and loss partnership, while the relationship between the state and the subscribers is a promise of donation by the government to the subscribers. Then, the jurisprudential rule of investment areas for individual participatory pension companies was discussed. These funds are invested either in stocks whic meets the rules and limits set by the Sharia Committee of the Union of Turkish Participatory Banks, or the government and private sukuk, gold and money market instruments traded therein, sukuk and stock traded in foreign currencies, or revenue-sharing bonds. In addition, in this topic, some doctrinal issues related to this system have been discussed, such as making repurchase agreements, forward exchange contracts and swap exchange contracts in the unregulated market (outside the stock market) and in the form of a dating that is not binding on both parties together, and as a control mechanism. And the Sharia committees in the companies of this system, and as the ruling on investing in individual pension investment partnership funds affiliated with traditional institutions, and as the ruling on early withdrawal from the system, and as the ruling on obtaining a pension when retirement is due from this system by subscribing to the annual income insurance.