Criticism and analysis of Sheikh Tantawi's view on the permissibility of usury between the government and the nation

Articles in Press

Document Type : Research Paper

Authors

1 Assistant Professor of Jurisprudence and Fundamentals of Law Department, Zahedan Branch, Islamic Azad University, Zahedan, Iran.

2 Un

10.22034/fm.2024.423802.2067

Abstract

Although the sanctity of usury is one of the religious principles of Islamic schools of thought. But the Shia jurists have excluded some cases from the sanctity of usury, including usury between father and son, usury between husband and wife, usury between a Muslim and an unbeliever; However, the Sunni jurists believe: Usury also flows in these cases. This is while some contemporary Sunni jurists, such as Sheikh Tantawi, put forward a new example under the title of permissible usury between the state and the nation and put forward a series of arguments and references to prove their theory. In this article, which has been done in a descriptive and analytical way, we intend to discuss and debate the issue of usury between the government and the nation, looking at their opinion, which is based on the halal nature of bank interest. What is obtained from the examination of verses, narrations and jurisprudential texts is that: although there are few opinions based on jurisprudential inferences, that these interests are halal, but the majority of jurists (both Shia and Sunni) believe that: A bank under any title - mudaraba interest in a lump sum and predetermined, or delay damages or compensation for the decrease in currency value, etc. - is not accepted except for the fee limit - that too within a reasonable limit - and is subject to usury; Therefore, it seems that Sheikh Tantawi's point of view can be seriously disputed.

Keywords

Fiqhe Moqaran

Articles in Press, Accepted Manuscript
Available Online from 20 February 2024

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