Usury in Iranian and Egyptian banks from the perspective of jurisprudence and law

Document Type : Original Article

Authors

1 PhD student in criminal law and criminology, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.

2 Assistant Professor, Department of Criminal Law and Criminology, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran

Abstract

Over the past years, one of the most important topics in society today has been the issue of usury. Despite the religious emphasis on its prohibition, it is unfortunately increasing in our current society and people often refer to similar actions of banks in justifying their actions. Knowing how banks act in order to adopt the necessary policy to control it is important. The issue of usury is has been denounced based on religious practice, and since Muslim countries, including Egypt, like Iran, are trying to carry out religious orders, it is important to know how their banks deal with usury and how it complies with the measures taken. Iranian banks in this field can be an effective step towards the realization of Islamic economics, so in this article, using a comparative and analytical method, we have tried to study usury in Iranian and Egyptian banks so that we can determine its presence or absence in banks. It seems that there is no usury in Iran legally, but in practice, it is done in banks in a way that is not free from religious forms, and in Egypt, due to the way it is criminalized, usury is legal from what is seen in jurisprudence. Known as usury has taken a toll.

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References

Ismaili, Ali (1398). The crime of usury in jurisprudence and criminal law. First Edition, Tehran: Mobin Andisheh. (In Persian).
Iqbal, Munawwar (1390). Challenges of Islamic Banking. Translated by Hossein Masimi; Muslim Bemanpour, First Edition, Tehran: Imam Sadegh University.  (In Persian).
Beigi, Jamal and Shirian Nasal, Maryam (1398). Usury Jurisprudential, legal and criminological study. First Edition, Tehran: Lantern of the World.  (In Persian).
Rajabipour, Mahmoud (1391). A research on the basics of growth-oriented social prevention of child and adolescent delinquency. First edition, Tehran: Mizan.  (In Persian).
Sajjadinejad, Seyed Reza (1394). Rules of criminal jurisprudence. First Edition, Mashhad: Razavi University of Islamic Sciences.  (In Persian).
Siri Ahmad, Abdul Rahman (1379). Comparative study of interest and usury. Translated by Fathollah Haqqani, first edition, Tehran: Ehsan.  (In Persian).
Shabani, Ahmad (1394). An Introduction to Islamic Banking. First Edition, Tehran: Imam Sadegh University.  (In Persian).
Healing, Mohsen (1348). Usury religiously and socially. First Edition, Tehran: Islamic Library.  (In Persian).
Sadr, Seyed Mohammad Baqir (1389). Interest-free bank. Translated by Morteza Zanjani, first edition, Tehran: Farhang Sabz.  (In Persian).
Penal Code of the Arab Republic of Egypt. Translated by Mohammad Hassan Hajjarian, Tehran: A New Design of Thought.  (In Persian).
Katozian, Nasser (1397). Civil Rights, Partnerships-Peace. Eleventh Edition, Tehran: Ganj-e-Danesh Library.  (In Persian).
Makarem Shirazi, Nasser (2015). Sample interpretation. Volume 3, 40th edition, Tehran: Islamic Library.  (In Persian).
Motahari, Morteza (1396). Usury, banking and insurance. Twenty-fifth edition, Tehran: Sadra.  (In Persian).
Mostafazadeh, Fahim (2015). Theoretical foundations of criminal law in the customary system. First edition, Tehran: Khorsandi.  (In Persian).
Musaei, Meysam (1390). Thematicity of usury. First Edition, Tehran: Noor Alam.  (In Persian).
Mousavian, Abbas and Ghaninejad, Abbas (1384). Interest, or, usury? Talk about the concepts of interest and usury. First Edition, Tehran: Contemporary View Publishing.  (In Persian).
Nazarpour, Mohammad Naghi and Mousavian, Seyed Abbas (1393). Interest-free banking - from theory to experience. First Edition, Qom: Mofid University.  (In Persian).
Nazarpour, Mohammad Naghi; Mousavian, Seyed Abbas and Khazaei, Ayub (1398). Islamic banking. Third Edition, Tehran: Samat.  (In Persian).
Nouri Hamedani, Mohammad Javad (1393). Usury and usury. First Edition, Qom: Ferdows Leaves.  (In Persian).
Yousefi, Ahmad Ali (1381). A comparative study of the devaluation of money and usury. First Edition, Tehran: Contemporary Knowledge and Thought.  (In Persian).
Peyvandi, Gholamreza and Mirbod, Seyed Alireza (1398). The role of Islamic jurisprudential rulings in the criminal law system of important Islamic countries. Islamic Law, Year 16 (60), 191-227.  (In Persian).
Tafreshi, Mohammad Issa and Qanavati Khalafabadi, Jalil (1377). The pillars of the Mudaraba contract in Islamic law and Iranian civil law. Journal of Teacher of Humanities (Tarbiat Modares University), Second Year (9), 133-115.  (In Persian).
Taghizadeh, Khadijeh (1391). Islamic Banking in some countries of the world. Economic Journal - Monthly review of economic issues and policies. Twelfth Volume (6 and 7), 47-80.  (In Persian).
Shajari, Parasto (1389). Islamic banking perspective. Economic News, Eighth Year, No. 130, 87-96.  (In Persian).
Katozian, Homayoun (1375). Usury and interest in the political economy of Islam. Political-economic information, eleventh year (111 and 112), 126-143.  (In Persian).
Hosseini S. 2010. A Comparative Study on the Economic Crime of Usury in Iranian and Egyptian Law. Master Thesis, Faculty of Law and Political Science, Allameh Tabatabai University.  (In Persian).
dhabihi qih bashi ei. 2011 .A comparative study of usury in the five religions. Master Thesis, Islamic Azad University, Central Tehran Branch.  (In Persian).
Electronic documents
Judaki, Leila (1396). Interest-free banking and a challenge called interest rates. www.irna.ir. Retrieved on 03 December 2016.  (In Persian).
Momeni, Hojjatullah (1387). Prohibition of usury from the perspective of the Holy Quran. www.rasekhoon.net. Retrieved on February 1, 2017.  (In Persian).
Al-Zarqashi, Muhammad ibn Abdullah al-Masri (1984). almanthur. First Edition, Kuwait: Ministry of Endowments.
Al-Qurtubi, Abu Abdullah (1387). The comprehensive rules of the Qur'an. First Edition, Cairo: Egyptian Library.
Al-Najafi, Muhammad Hassan (1430). Jewelry. Volume 26, Seventh Edition, Beirut: Dar Al-Ahya Al-Tarath Al-Arabi.
Amir Abdul Latif famous (1414). Exploitation in the Islamic economy. Cairo: Madbouli School.
Behnam, Ramsis (2008). Public theory for criminal law. First Edition, Alexandria: The Origin of Knowledge.
Taftazani, Saad al-Din (1407). Explanation of Al-Nasfi beliefs. First Edition, Cairo: Al-Azhariya School of Alcoholics.
Jaziri, Abdul Rahman (1427). Jurisprudence on the four religions. Beirut: Dar Al-Afaq Al-Arabiya Publications.
Javaheri, Hassan Mohammad Taghi (1387). Al-Raba Fiqh and Economics. Volume 1, Qom: Tebyan Cultural and Information Institute.  (In Persian).
Har'amli, Muhammad ibn Hassan (1409). Shiite means. Volume 18, Qom: Al-Bayt Institute for the Revival of Heritage.  (In Persian).
Zahili, Wahba (1418). Interpretation of the light in the belief, law and method. Second Edition, Beirut: Dar al-Fikr.
Zeilali, Fakhreddin (1315). Clarification of facts in the explanation of the minutes. First Edition: Al-Kobra Al-Amiriyah Press.  (In Persian).
Sarakhsi, Shamsuddin (1414). almubasat. First Edition, Beirut: Dar Al-Kitab Al-Almiyeh.
Sheikh Zayn al-Abidin ibn Ibrahim ibn Najim (1403). Bi Ja: Dar al-Fikr.
Mohaqeq al-Hali, Ja'far ibn al-Hasan (1409). Sharia of Islam. Second Edition, Tehran: Esteghlal.  (In Persian).
Misri, Rafiq Younis (1407). Beirut: Al-Risalah Institute.
Mousavi Khomeini, Seyed Ruhollah (2013). Fourth Edition, Qom: Imam Khomeini Publishing House.  (In Persian).
Electronic documents
Qasim, Jafar (2021). The Arab states are the heat of operations. www.aa.com. Retrieved on 05 September 1400.
Migan, Brendan (2017). Record the expectations of consolidation in Egypt. www.carnegieendowment.org. Retrieved on 02 September.
Journal of Comparative Law
Volume 6, Issue 2 - Serial Number 10
October 2022
Pages 143-163

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History

  • Receive Date: 01 July 2021
  • Revise Date: 05 August 2021
  • Accept Date: 05 October 2021

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