Criticism of the jurisprudential bases of selling credit currency
Subject Areas : Jurisprudence and Criminal Law Doctrines
Aliakbar Eyzadifar
1
(Professor of department of Islamic Jurisprudence and Principles of Islamic Law, Mazandaran uni)
Esmail Qandvar Bijarpas
2
(Assistant Professor, Department of Theology, Department of Islamic Studies, Payame Noor University, Tehran, Iran)
Keywords: credit currency, transaction credit currency, transaction banknotes,
Abstract :
The development of human societies in today's world, and as a result, the growth and diversity of human needs, has led to the expansion of transactions. It is like a transaction, an important and all-encompassing phenomenon of money. The need to avoid usury is the reason for the sensitivity of jurists regarding money transactions. Imami jurists have presented various opinions about the legitimacy of selling credit money. Some Shia jurists, based on the evidence of the non-inclusion of the concept of sale in relation to the purchase and sale of credit money; Non-fulfillment of the sale, in the exchange of same-sex changers; The lack of serious intention of the loyalists towards the sale of banknotes; And the usury of such transactions does not allow the sale of credit money. Another group of Imamiyya jurists, based on the evidence of the non-existence of the provisions of mere sale, in the purchase and sale of banknotes; The customary validity of the title of sale, for the absolute nature of the banknote transaction; Absence of usury rule in the sale of credit money, due to the fact that the money is not legal and balanced; And the lack of legal and customary obstacles in such transactions, they consider the sale of credit money as correct. The present article, by studying the jurisprudential texts of Shia jurists, has reached the conclusion that the opinion of those who permit the sale of credit money is correct when the intention of the sale is not to avoid usury and not to seek profit.
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