Islamic Economics Studies Bi-quarterly Journal

Separation of Permissible Tricks and Unauthorized Tricks of Usury Loan According to Customary Criteria

Document Type : Research Paper

Author

Assistant Professor, Department of Economics, Imam Khomeini Education and Research Institute, Qom, Iran

Abstract

Despite the fact that the sanctity of usury is a necessity of Islam, but the permission and impermissibility of using the tricks of usury is still a matter of serious debate among jurists. Some believe in permission, and some believe in impermissibility, and some elaborate. Some scholars have set the criteria for identifying permissible and unlawful tricks, rather than detail. One of the proposed criteria is to refer to custom of the wise. It is claimed that custom, based on its associations, lends some of the tricks of usury to usury. However, no one has yet discussed the method of discovering custom in this field. In the present article, research on the basics of discussion in an analytical-descriptive manner and using library resources, and discovering the view of custom in a field method and using the research method in the humanities and using SPSS 22 software. The results of the research show that the view of custom is not the same and explicitly associates some with usury and others with hesitation. The more realistic the alternative to usury, the safer it is to suspect usury.

Keywords

The Holy Quran, (In Arabic).
Ardabili, Ahmad ibn Muhammad (1983). Majmao Alfaedah va Alborhan Fi Sharhe Ershad Alazhan. First Edition. Qom: Islamic Publications Office affiliated with the Teachers Association, (In Arabic).
Imam Khomeini, Sayyid Ruhollah (n.d). Tahrit Alvasile. First Edition. Qom: Dar Al-Alam Press Institute, (In Arabic).
Imam Khomeini, Sayyid Ruhollah (n.d). Book for sale. First Edition. Tehran: Imam Khomeini Publishing House, (In Arabic).
Imam Khomeini, Sayyid Ruhollah (2001). Esteftaat. Fifth Edition. Qom: Islamic Publications Office affiliated with the Teachers Association, (In Arabic).
Bahrani, Al-Asfur, Yusuf bin Ahmad bin Ibrahim (1985). Alhadaegh Alnazera. First Edition. Qom: Islamic Publications Office affiliated with the Teachers Association, (In Arabic).
Cultural Section of Qom Seminary Teachers Association (2002). Usury: The historical background of usury, usury in the Qur'an and Sunnah, types of usury and escape from usury. Qom: Book Garden, (In Persian).
Barqi, Ahmad ibn Muhammad ibn Khalid (1952). Almahasen. second edition. Qom: Dar al-Kitab al-Islamiya, (In Arabic).
Boroujerdi Hussein (2000). Lamahat Alosul, Lectures of Imam Khomeini, Ruhollah, first edition. Qom: Institute for Organizing and Publishing the Works of Imam Khomeini, (In Arabic).
Jawaheri, Hassan Mohammad Taqi (n.d). Rasael Fiqh - Al-Raba Fiqh and Economics. Comprehensive software of Ahl al-Bayt jurisprudence 2, (In Arabic).
Haeri, Sayyid Kazem Husseini (2002). Fiqh of contracts. Second Edition.  Qom: Islamic Thought Association, (In Arabic).
Hassan Ibn Ali, the eleventh Imam (1989). The commentary attributed to Imam al-Hassan al-Askari, first edition. Qom: Imam Al-Mahdi School, (In Arabic).
Khoi, Sayyid Abul Qasim Mousavi (1990). Minhaj Al-Saleheen. Qom: Publication of the City of Science, (In Arabic).
Khoi, Sayyid Abul Qasim Mousavi (1990). Takmelah Alminhaj. Qom: Publication of the City of Science, (In Arabic).
Ragheb Isfahani, Hussein bin Muhammad (1992). Glossary of Quranic words. First Edition. Lebanon: Dar Al-Alam - Syria: Al-Dar Al-Shamiya, (In Arabic).
Sistani, Sayyid Ali Husseini (n.d). Ghaeda lazarar va la zerar. Comprehensive software of Ahl al-Bayt jurisprudence 2, (In Arabic).
Shabani Movassaghi, Habibullah (2015). "Methodology of the science of the principles of jurisprudence". Basic research. winter. Issue 23, (In Arabic).
Shahid Thani, Zayn al-Din (1992). Masalik Alafham Ela tanghih sharaiee Alislam. First Edition. Qom: Islamic Enlightenment Institute, (In Arabic).
Sadr, Sayyid Muhammad Baqir (1981). Albank Allavabavi. Seventh edition. Beirut: Dar Al-Ta'rif for the press, (In Arabic).
Tabarsi, Fadl Ibn Hassan (1994). Majmao Albayan. Third edition. Tehran: Nasser Khosrow, (In Arabic).
Ameli, Sayyid Jawad bin Muhammad Husseini (1998). Miftah Alkiramah. First Edition. Qom: Islamic Publications Office affiliated with the Teachers Association, (In Arabic).
Iraqi Zia al-Din (1996). Nihaia Alafkar. Lectures by Mohammad Taqi Boroujerdi Najafi. Third edition. Qom: Islamic Publications Office (affiliated with the Qom Seminary Teachers Association, (In Arabic).
Allama Hali, Hassan Ibn Yusuf Ibn Motahar Asadi (1992). Ghavaeid Alahkam. First Edition. Qom: Islamic Publications Office affiliated with the Teachers Association, (In Arabic).Allama Hali, Hassan Ibn Yusuf (2004). The end of the knowledge of the principles. First Edition.8 Qom: Imam Al-Sadiq Institut, (In Arabic).
Alidoost, Abolghasem (2006). Jurisprudence and custom. First Edition. Tehran: Institute of Islamic Culture and Thought, (In Arabic).
Faiz Kashani, Mullah Mohsen (1986). Alvafi. First Edition. Isfahan: Library of Imam Amir al-Mu'minin Ali, (In Arabic).
Fayumi, Ahmad ibn Muhammad al-Muqari (n.d). Al-Misbah Al-Munir in Gharib Al-Sharh Al-Kabir for Rafi'i. First Edition. Qom: Dar Al-Razi Publications, (In Arabic).
Qomi, Ali Ibn Ibrahim (1984). Tafsir al-Qomi. Third edition. Qom: Dar Al-Kitab, (In Arabic).
Mohaqeq Halli, Najmuddin, Ja'far ibn Hassan (1988). Sharia of Islam in matters of halal and haram. second edition. Qom: Ismaili Institute, (In Arabic).
Mahmoud, Abdul Rahman (n.d). Dictionary of terms and jurisprudential words. Comprehensive software of Ahl al-Bayt jurisprudence 2, (In Arabic).
Muzaffar, Mohammad Reza (n.d). The logic. Qom: Dar Al-Alam Publications,
(In Arabic).
Makarem Shirazi, Nasser (2006). Esteftaat Jadid. second edition. Qom: Imam Ali Ibn Abi Talib School Publications, (In Arabic).
Makarem Shirazi, Nasser (n.d). Examining ways to escape from usury. First Edition. Qom, (In Arabic).
Mousavian, Seyed Abbas (2011). Islamic financial instruments (sukuk). Tehran: Institute of Culture and Thought, (In Persian).
Najafi, Mohammad Hassan, Sahib Jawaher (n.d). Jawaher al-Kalam fi Sharh Sharia al-Islam. Seventh edition. Beirut: Dar Al-Ahya Al-Tarath Al-Arabi, (In Arabic).
Vahid Behbahani, Mohammad Baqir (n.d). Arrsael Alfighhiya. Comprehensive software of Ahl al-Bayt jurisprudence 2, (In Arabic).
Hashemi Shahroudi, Mahmoud (2010). Advocacy and opinions, comments 
Islamic Economics Studies Bi-quarterly Journal
Volume 13, Issue 2 - Serial Number 26
May 2021
Pages 211-246