Reconciliation of the opinions of Sahib Jawahar Al-Kalam and Sahib Miftah Al-Karamah

abstract

Riba, in Islamic terms, is a lot that is obtained in transactions and exchanges with special conditions. Usury is of two types: A: Commercial embezzlement B: loan usurpation The issue of usury in Islamic jurisprudence, regardless of the theoretical issues, has practical implications that our society has been severely affected by this issue today. Therefore, it demands that there be a discussion and research about it, so that its doubts and ambiguities are removed.

From there, the two books Jawahar and Miftah are two valuable, complete and comprehensive works of Shia jurisprudence, and our jurists after them have widely used these two sources in their jurisprudential discussions and have paid special attention to the jurisprudential opinions of these two jurists in presenting their jurisprudential opinions. Two books were selected. In this research, with a descriptive-analytical method, the two great Shiite scholars, Sahib Miftah al-Karama and Sahib Jawahar al-Kalam, have discussed and compared the opinions of two great Shia scholars, Sahib Miftah Al-Karamah and Sahib Jawahar Al-Kalam, regarding the definition of riba and its types, the conditions for the realization of riba, the tricks of riba and its exceptions, and it has been concluded that in these two books, in the main and general issues related to riba, including the fact that for the realization of transactional usury, the two conditions of being of the same sex and that the agent or counterparty are equal are necessary, and riba in All transactions and exchanges can be proven, and they also have a consensus on loan usury issues, without any differences of opinion. However, in some issues, including, the use of love sale to avoid usury, the sale of a few items in the form of cash and credit; and the absence of riba between grandfather and child.

Key words:

Riba, Mekil, Mozon, Maadud, exchange.

Introduction

The sanctity of riba by the book of God and the Sunnah, that is, the words of the infallible (peace be upon him). ) and the consensus of the Muslims has been proven, but it is not unlikely that it is one of the essentials of religion, and its sanctity has been strongly emphasized in the book of Aziz and many news reports. As far as the correct news has been received from Imam Sadiq (peace be upon him) that he said: "The sin of one dirham of usury, the sin of seventy times adultery with incest such as mother and sister, etc. [1]

      Usury and usury in the religion of Islam is one of the major sins, and there is no sin worse and more destructive than that, and Muslims are strictly forbidden from it, and heavy punishments are also considered for this. Perhaps one of the causes of this problem is the severe blows that usury inflicts on the economic structure of society, and since according to the clear text of the Holy Quran, Muslims should not be under the control of any nation or nation, Islam, by prohibiting the ugly act of usury, intends to promote the economic prosperity of Muslims. However, due to the severe economic and livelihood problems of the people and the high profit that usury has for usurers, the decline Humiliation still exists at the level of society in different dimensions.

Therefore, it is necessary and obligatory for every person of religion and faith to be completely careful in their dealings, so that they do not commit this evil attribute which causes the destruction of this world and the hereafter. And by experience, it has been proven that every usurer will eventually suffer from poverty.

There is no doubt that avoiding usury depends on knowing the issues of usury, so it is necessary and necessary for the master of the transaction to acquire the issues of business. In particular, they should learn the issues of riba as it is the right of the subject, so that they are protected from it.

In this research, it has been tried that usury and its issues from the point of view of two great Shia jurists, Sayyed Mohammad Javad Hosseini Ameli in the book Miftah al-Karama fi Sharh Qazaal al-Allamah and Muhammad Hasan Najafi in the book Javaher Al Kalam fi Sharh Shar'e al-Islam, have been examined and studied carefully, then the opinions of these two jurists The honorable has been matched.  The research is compiled in five chapters. In the first chapter, the generalities of the research, the second chapter on transactional usury, the third chapter on loan usury, and the fourth chapter on the tricks of riba, and the fifth chapter on the exceptions to riba.

From the review and comparison of the opinions of Sahib Miftah al-Karamah and Sahib Jawaharlal Kalam, it was concluded that these two noble jurists agree on most of the issues of riba; However, in the discussion of the sale of few things and the tricks of usury and the exceptions of usury, they disagree with each other in some minor cases.

The first chapter:

General research

and

Concepts

1-1. Statement of the issue

The sanctity of usury is one of the important issues in Islamic jurisprudence and has a wide reflection in verses and hadiths.  Many of the great jurists, when they entered this topic, were satisfied with only stating the three reasons (Qur'an, Hadith, and consensus). While without a doubt, the prohibition of riba can be proven with reason, so the four evidences (Qur'an, Sunnah, consensus, and reason) testify to the prohibition of usury and the importance of this great sin, and at least seven verses of the Qur'an clearly prove the prohibition of riba. which are appreciated by keel and weight in the time of Shariah or custom. Whether this is true or arbitrary. Or borrowing one of them is accompanied by a lot. Even if they are not measured by keel and weight, if it is not too much, it is not a good weapon. And also the parties are not his father and child or his spouse.  

There are two types of usury:

1- Transactional usury: its rule is to be of the same sex and that both are equal or equal.  Two conditions are necessary to realize usurpation:

A- Same sex of the payees, that is, the payee and the payee must be of the same gender. B- Both exchanges must be equivalent or

weighted, in other words, both must be measured by measuring or weighing.

2- Debt usurpation: its rule is that there is an objective or descriptive condition on the borrower, whether it is by weight or by weight or not. Therefore, loan usury is both transactional usury and it itself is also of two types:

A- Usury with a lot of real credit, which is the preferred usury. Like one dirham for two dirhams.

 Usury is a very valid ruling: it is like giving a dirham in cash for a dirham with a deadline and that is usury.

Various ways and tricks have been proposed to escape from riba, which the jurists disagree with, some like Imam Khomeini do not accept these tricks and others use some of these tricks. Tricks are considered permissible and the rest are prohibited.

Several groups of people are exempted from riba, that is, despite the conditions for realizing riba, but riba is not proven between them. which are: A- Between father and son B- Between husband and wife C- Between Muslim and infidel (if there are many Muslims D- Between Molly and Abd And the transactions of the people are based on the rules and laws of the Islamic Sharia, and with regard to the connection of the thesis with various economic fields, and the fact that no work has been done in the field of implementation of the opinions of Sahib Al-Kalam and Sahib Miftah Al-Karamah, therefore, research in this field seems necessary.

1-3 style="direction: rtl;">    According to the studies and investigations carried out, it can be seen that no research has been done in the field of applying the opinions of these two jurists about usury, but many books, compositions and articles have been written on the subject of usury, so it will be enough to mention a few below: : In this book, the issue of usury is discussed from a jurisprudential and economic point of view, and the author believes that usury means that someone takes money from another and gives a certain amount in addition. This type of usury was common in the era of ignorance.