Comparative Study Of late Payment Damage With Usury
Subject Areas : Islamic jurisprudenceBabak Mohammad Rezapour 1 * , Faezeh Jahani Moghadam 2
1 - Assistant Professor of Private Law, Department of Law, Faculty of Humanities, Urmia Branch, Islamic Azad University, Urmia, Iran.
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.
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