{"title":"利比和支付非约定利息:成为伊斯兰社会流行习俗的能力","authors":"Javad Fakhkhar Toosi","doi":"10.1163/15730255-bja10118","DOIUrl":null,"url":null,"abstract":"\nThis article seeks to study ribā from a novel point of view. Paying off interest without preconditions is recommended strongly by the Prophet (PBUH). If Islamic society follows his advice, this will become a prevalent custom (ʿurf) among Muslims, which the title of the stipulated interest does not include. This article refers to the views of Islamic schools on ʿurf and how they comply with the custom in question formed hypothetically. This article finds that, according to Islamic schools, such custom is considered valid, legitimate, and necessary to follow. The last part of the article provides an important discussion on how to put this theory into practice and implement the model designed for this purpose in the Islamic financial system. This article concludes that the challenge of prohibiting ribā will be solved if non-stipulated interest can be made obligatory in Islamic society based on the juristic views on ʿurf.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Ribā and Paying Off Non-stipulated Interest: The Capability to Become a Prevalent Custom (ʿUrf) in Islamic Society\",\"authors\":\"Javad Fakhkhar Toosi\",\"doi\":\"10.1163/15730255-bja10118\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nThis article seeks to study ribā from a novel point of view. Paying off interest without preconditions is recommended strongly by the Prophet (PBUH). If Islamic society follows his advice, this will become a prevalent custom (ʿurf) among Muslims, which the title of the stipulated interest does not include. This article refers to the views of Islamic schools on ʿurf and how they comply with the custom in question formed hypothetically. This article finds that, according to Islamic schools, such custom is considered valid, legitimate, and necessary to follow. The last part of the article provides an important discussion on how to put this theory into practice and implement the model designed for this purpose in the Islamic financial system. This article concludes that the challenge of prohibiting ribā will be solved if non-stipulated interest can be made obligatory in Islamic society based on the juristic views on ʿurf.\",\"PeriodicalId\":43925,\"journal\":{\"name\":\"Arab Law Quarterly\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2022-06-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Arab Law Quarterly\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15730255-bja10118\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arab Law Quarterly","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15730255-bja10118","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Ribā and Paying Off Non-stipulated Interest: The Capability to Become a Prevalent Custom (ʿUrf) in Islamic Society
This article seeks to study ribā from a novel point of view. Paying off interest without preconditions is recommended strongly by the Prophet (PBUH). If Islamic society follows his advice, this will become a prevalent custom (ʿurf) among Muslims, which the title of the stipulated interest does not include. This article refers to the views of Islamic schools on ʿurf and how they comply with the custom in question formed hypothetically. This article finds that, according to Islamic schools, such custom is considered valid, legitimate, and necessary to follow. The last part of the article provides an important discussion on how to put this theory into practice and implement the model designed for this purpose in the Islamic financial system. This article concludes that the challenge of prohibiting ribā will be solved if non-stipulated interest can be made obligatory in Islamic society based on the juristic views on ʿurf.
期刊介绍:
The leading English-language legal publication in its field, Arab Law Quarterly covers all aspects of Arab laws, both Shari"a and secular. Now in its third decade, it provides an important forum of authoritative articles on the laws and legal developments throughout the twenty countries of the Arab world, notes on recent legislation and case law, guidelines on future changes, and reviews of the latest literature in the field. Particular subject areas covered are Arab laws in trans-national affairs, commercial law, Islamic law (the Shari´a), and international comparative law.