Comparative Study Of late Payment Damage With Usury
Subject Areas : Islamic jurisprudence
Babak
Mohammad Rezapour
1
(Assistant Professor of Private Law, Department of Law, Faculty of Humanities, Urmia Branch, Islamic Azad University, Urmia, Iran.)
Faezeh
Jahani Moghadam
2
(Master of Private Law, Department of Law, Faculty of Humanities, Urmia Branch, Islamic Azad University, Urmia, Iran.)
Keywords: Delayed payment penalty, usury, Obligation condition, Banking system.,
Abstract :
In the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in most banking systems as well as in various legal rules. But this principle in Islamic countries has sometimes interfered with the concept of Reba, so that some jurists consider it as a Reba and have forbidden it. This principle has been widely debated in our country, but it has been accepted by the legislature as a principle. However, there are still many challenges regarding the legitimacy or lack of legitimacy of the principle of delayed payment penalty in the banking system. In this paper, it is attempted to address the reasons for the legitimacy of the delayed payment penalty in the banking system.
Ibn Abedin, Allameh Mohammad Amin. (1992). The second edition, Al-Dar al-
Mukhtar, printed with the margin of Rad al-Mukhtar. Beirut: Dar al-Fekr.
Al-Jawahiri, Hassan Mohammad Taqi. (1970). Al-Rabba is a jurist and an economist. Beirut: Dar
al-Mortaza.
Monetary and Banking Research Institute,(2020), Central Bank of the Islamic Republic of Iran, www.
mbri. a.c. ir.
Zubeidi, Mohammad Morteza. (1993). Taj al-Arus, my jewel of al-Qamoos. 20 volumes. First
Edition. Beirut: Dar al-Fakr Lal-Taba'ah and Al-Nashar and Al-Tawzi'ah.
Jafari Langroudi, Mohammad Jaafar. (1983). Legal terminology. First Edition. Tehran: Rastad
Foundation.
Haramali, Mohammad bin Hasan. (1982). Al-Shia means. Fifth Edition. Beirut: The Revival
of Arab Heritage.
Hosami, Mohammad Aziz. (2011). "The jurisprudential foundations of the ability to claim damages
for late payment from the point of view of Islamic schools of thought". Money and
Economics Quarterly. Number 8. pp. 211-242.
Khomeini, Seydrouh allah ,(2000). writing Tehran: Imam Khomeini Editing and Publishing Institute.
Khomeini, Seydrouh allah ,(1996). polls Qom: Islamic publications.
Siri Ahmed, Abdul Rahman. (2000). Comparative study of interest and usury. Translator:
Fatah Haqqani. First Edition. Tehran: Ehsan Publishing House.
Shahidthani, Zainuddin bin Ali. (2004). Tahrir al-Ruda fi Sharh al-Lama'a. The seventh edition.
Tehran: Samit Publications.
Sheikh Sadouq, Muhammad bin Ali bin Babuyeh. (1988). I don't know Yahdrah al-Faqih. Volume
4.First edition, translator: Ali Akbar Ghafari. Tehran: Sadouq Publishing.
Safi Golpayegani, Lotf Allah, (2008). the request of the research institute of the field and university. Qom: Regarding the late fine.
Sadr, Seyyed Mohammad Bagher. (2019). Al-Aass Ame Lalbek in the Islamic Society, Islam Yaqud
al-Hiyah. second edition. Number 6. Beirut: Dar al-Taaif.
Tabatabai Karbalai, Ali bin Muhammad Ali. (1983). Riaz al-Masal in the statement of the rulings
with reasons. First Edition. Qom: Al-Al-Bayt Institute for Heritage Revival.
Fazel Lankarani, Mohammad (2010),. Comprehensive 11th edition Qom: Amir Qalam Publications, B.
Fatahi, Mehdi. (2016). "Principle of calculation of check payment delay damages". Judiciary
Quarterly, Volume 16. Number 85. pp. 115-132.
Katouzian, Nasser. (1999). Civil rights: certain contracts. Tehran: Joint Stock Company.
Mohaghegh Hali, Sheikh Jafar. (1996). Al-Mukhastar al-Nafi fi fiqh al-Umamiyah. Al Thani Qom:
Al Ba'ath Institute.
Mohaghegh Sabzevari, Mohammad Bagher; (2012 ), Kefaye al-Ahkam. Volume 1.
Rewritten by: Morteza Vaezi Araki. Qom: Islamic Publications Office of Qom Seminary
Community of Teachers.
Malakrimi Khozani, Fereshte. (2012). "Investigation of the basics of receiving late fines and late
payment damages in the banking system", special issue of Islamic banking, pp. 55-52.
Moghaddis Ardabili, Ahmad bin Muhammad. (1982). Al-Fedath and Al-Barhan Assembly. second
edition. Qom: Islamic Publishing House.
Motahari, Morteza. (1990), Jurisprudence and law (collection of works). First Edition. Qom: No
Makarem Shirazi, Naser.(2000), Examining ways to escape from usury. First Edition. Qom: Publications
of Imam Amir al-Momenin (a.s.) school.
Montazeri Najafabadi, Hossein Ali. (2005). Essay on inquiries. 3 volumes Qom.
Mousavi Bejnordi, Seyyed Mohammad and Omranzadeh, Alia. (2016). "Damage of late payment
of bills in jurisprudence and law with an approach to the principles of Imam Khomeini
(RA)". Matin Research Journal, 18th year, number 73, pp. 15-34.
Mousavi Bojanvardi, Seyyed Mohammad. (2003). "Legitimacy of late payment damages", articles
and reviews, book 73, pp. 9-22.
Mousaviyan, Seyyed Abbas. (2012) Penalty for late payment (fatwas of imitation authorities,
banking laws and regulations, scientific articles), Tehran: Monetary and Banking
Research Institute of the Central Bank of the Islamic Republic of Iran.
Najafi, Mohammad Hassan. (1981). Jawaharlal Kalam in the description of the laws of Islam.
Translator: Sheikh Abbas Qochani. Volume 23. The seventh edition. Beirut: Darahiya al-
Trath al-Arabi.
Yousefi, Ahmad Ali. (2003). Riba and Inflation (an applied study of the compensation of currency
depreciation and usury). First edition. Tehran: Research Center of Islamic Culture and
Thought.