The General Theory of Excessively Absolute Usury in Exchanges
Subject Areas : Jurisprudence and Criminal Law Doctrines
vahid zarei sharif
1
(department of law, Faculty of Humanities, Islamic azad university lahijan branch, lahijan, Iran)
Keywords: Usury, usury conditions, usury criteria, usury reasons,
Abstract :
The criminalization of usury is one of the most important jurisprudential tools in maintaining the economic balance of society and protecting and controlling the market. The review of the written literature of Imamiyyah jurisprudence reports the strong disagreement of Imamiyyah jurists in determining the criteria of usury, and considering the reliance of Iran's criminal laws on the texts of Imamiyyah jurisprudence, this difference plays a significant and effective role on the criminalization of usury in Iran's criminal policy. , has The famous Imami jurists, citing a number of hadiths, including weak hadiths, consensus of evidence, and the allocation of most of the Qur'anic generalities regarding riba, consider the unity of gender and weight or the weight of change to be the criterion of usury. Some jurists, by adding a numerical criterion to the mentioned criteria, have practically reduced the importance of prohibiting usury. Political expediency, the prescription of usury in the form of banking laws, and scattered judicial procedure can be counted among the effects of accepting the mentioned point of view. The present article, by examining the basis of Imami jurists' opinions, proves and concludes that the traditions quoted by the famous, according to the custom of the time of their issuance, are based on ancient exchanges and are unique and can be generalized to any time. and does not have the place; However, the generality of the verses of the Qur'an indicates usury in any condition of added economic value of the exchange in all exchanges, both loans and transactions.
قرآن کریم
_||_