نظرية القرض فى الفقه الاسلامى

Abstract

This study aims at defining the framework of the “loan” theory in Islamic Jurisprudence, highlighting its landmarks and parameters. This is to be done by addressing the nature of loan, its rulings, and some of its contemporary applications. Drawing upon the Qur'anic verses and Prophet’s hadith as well as the sources and rules of jurisprudence the relevant juridical rulings will be investigated, collected, and categorized in a systematic way so that the Shari‘ah idea of loan is well-articulated. The study follows an analytical, inductive approach, which is suitable for the nature of this research. Guided by this approach the author has collected the relevant essential materials from its authentic resources, then has conducted an in-depth analysis to infer more reasonable opinion concerning controversial issues with the end result being the generating of scientific objective conclusions. Among the most important findings that the study concludes with: that the ‘loan’ theory with all its components and stipulations, exists in the Islamic jurisprudence; that there are differences between ‘loan’ and similar Shari‘ah contracts that share some of its features. The study also concludes that the ‘loan’ is one of the ‘voluntary contracts’, and that it should be restricted to a deadline. Loan could be documented by writing, witness, bailment, or deposit. Should the rate of exchange of currency change, the value of the loan should be considered once returned. It is not lawful to receive compensation for being late to repay the loaned debt, for bank interests, whatever its form, and resultant benefits are unlawful. By contrast there are lawful alternatives such as Mudharabah, sharecropping, lease contracts; voluntary handouts (alms) and good loan.