Document Type : research
Authors
1
PhD student in jurisprudence, law and thought of Imam Khomeini, Khomeini Branch of Islamic Azad University, Khomeini, Iran.
2
Professor of Jurisprudence and Education Department, Saveh branch, Islamic Azad University, Saveh, Iran.
3
Assistant Professor, Department of Jurisprudence and Fundamentals of Law (invited), Khomein Branch, Islamic Azad University, Khomein, Iran.
10.22034/ejs.2024.416189.1550
Abstract
Background and purpose: Usury is one of the basic challenges in economic jurisprudence, the solutions to escape from which have always been discussed and discussed under the title of usury. The purpose of this article is to investigate the avoidance of usury in the sale of a condition, emphasizing the opinion of Imam Khomeini.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Results: In jurisprudence, conditional sale is accepted, and despite the conditions of its authenticity, which are the basic conditions of the authenticity of transactions, in this case, it can be used as a trick of usury.
Conclusion: Usury is one of the prohibitions that there is no difference among Islamic scholars regarding its sanctity. The permissibility of sharia tricks is approved by many jurists such as Mousavi Khansari, Bojunordi and Najafi, and some like Imam Khomeini reject the trick of usury. The imam's argument is that there is no strong document that proves the permissibility of usury, and if there was such a trick, the Prophet himself would certainly have proposed this trick. The tricks of riba, including conditional sale, if there is a serious and rational intention in the sale, are considered a type of Sharia trick that is not approved by Imam Khomeini.
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