نوع مقاله : مقاله پژوهشی
1 استادیار دانشگاه اصفهان
2 دانشیار دانشگاه امام صادق
3 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه امام صادق
عنوان مقاله [English]
Unlawful proft (usury) transaction is one of the types of usages that the famous jurists consider the three conditions of being:
1- module (measurement) and being weighty, 2- obtaining excess and 3- consideration in kind. The meaning of the same objects in the jurisprudence words is that if the custom carries a particular word on two identical objects, the two cannot be traded with one another in subtraction and must be equal in quantity. This jurists’ word is while people’s custom for two similar goods but with different traits, differ different trading values and reason also dictates that the taking of excess is not only permissible, but will require the transaction. The jurists referring to the traditions mentioned in this regard have assumed this condition as a unchallengeable and binding (canon law) and have all ruled on it consensus. In this research, while examining the reasons, we conclude that the traditions of this subject do not imply the necessity of being the objects similarity in the interpretation which the jurists have and the criterion of “being equal” can be substituted for being the objects similarity. Thus, if the value of the two commodities were not the same, it would be not only the taking of excessis permissible, but also the taking of excess is the exact unlawful proft.