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Jurisprudential feasibility of usurious borrowing with the intention of not paying interest
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Hamidreza Amraei1   , Mostafa Masoudian 2 |
1- Masters student of jurisprudence and private law Shahed University-Tehran, Faculty of jurisprudence and law
2- Assistant Professor Shahed University-Tehran, Faculty of jurisprudence and law , m.masoudian@shahed.ac.ir |
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Abstract: (124 Views) |
Today, one of the important sources that countries use to fund their annual budgets is by borrowing from foreign banks. Although based on common law legal systems usurious borrowing is not prohibited, in Islamic countries, which follow Islamic law, such a borrowing is forbidden. However, Considering the critical role of borrowing in providing governments revenue sources, one of the solutions in this case is borrowing with the intention of not paying interest. Therefore, a significant question that arises, is regarding the legitimacy of such a borrowing. This research, conducted through a descriptive-analytical approach and examining both jurisprudential reasons and the viewpoints of jurists, concludes that such a borrowing, is free from error based on the initial ruling. However, even if the issue is not accepted based on the initial ruling, the legitimacy of such borrowing can still be proved under secondary ruling, based on titles such as emergency situations, hardship and the expediency of the Islamic framework. |
Article number: 16 |
| Keywords: Borrowing, Usury, Interest, Intention of not paying interest, Bank |
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Full-Text [PDF 419 kb]
(53 Downloads)
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Article type: Research |
Subject:
Special
Received: 2024/03/12 | Accepted: 2024/04/28 | Published: 2025/03/18
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