Paper Information

Journal:   MAQALAT WA BARRASIHA   Winter 2004 , Volume 36 , Number 74; Page(s) 14 To 15.
 
Paper: 

MOTAHHARI"S JURISTIC FUNDATION OF ANALYSIS THE USURY

 
 
Author(s):  GHARAMALEKI A.M.*
 
* 
 
Abstract: 
Deliberations upon Motahharis juristic viewpoints concerning questions of usury can be treated as a basis for understanding his juristic essentials and methods. Variation in types or usury (such as usury in loan, usury in transactions, or distinction in usuries in "sold by measure",sold by weight, and "sold by number") has raised various juristic questions. In the present essay we deal with Motahharis perspective on three major questions: l- Considering its legal nature and contrary to lease and dormant partnership, usury in loan is illegal and irrational. 2- Prohibition in usury in transactions is a frontage for usury in loan and is not restricted to sold by measure and sold by weight, and we cannot say in absolute terms that there is no usury in sold by number. 3- Tricks in usury are illegal and incorrect, for the criterion for prohibition of usury is injustice which is not removed by tricks. Furthermore, the traditions allowing tricks are in contradiction to the Quran and therefore cannot be taken into consideration. The first two points are in contradiction to what is known from most jurists and the third one is novel of its kind.
 
Keyword(s): USURY, TRICKS, LOAN, SOLD BY WEIGHT, SOLD BY MEASURE, SOLD BY NUMBER.
 
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