Percentage (Porsant) from the point of view of Islamic religions

Master's Thesis

Fiqh and Fundamentals of Islamic Law

Abstract

Given the expansion of economic exchanges and organic transactions and the need of government agencies to buy domestic and foreign goods and items they need, agents enter the market to buy as representatives, and it is natural for sellers to bribe brokers and representatives and pay a percentage of Give them the transaction amount to sell more of their goods. If the government procurement officer is enticed by paying this amount, which often leads to poor quality purchases or goods with a higher price, they will provide the basis for committing a crime called commission, which the upcoming investigation aims to investigate. However, commission or percentage is an almost emerging phenomenon. What is clear and obvious is that the opinion of the legislator and the Holy Sharia is to condemn taking commission. Whether the commission is received directly or indirectly. Legislator has criminalized the phenomenon of commission only in government transactions and military institutions with previously foreseen legal articles. Both in Shia jurisprudence and in Sunni jurisprudence, it is possible to vote whether commission is forbidden, but the bases and arguments of the religions for issuing this ruling are slightly different. Knowing the dimensions and angles of the problem of bribery is very important in understanding and making decisions about the phenomenon of commission. One of the innovations of the upcoming research is the use of new jurisprudential foundations to clarify the duty of commission. One of these achievements is finding the place of commission in fiqh and jurisprudence. In general, it should be known that the material and spiritual consequences of taking a commission in the society and even the negative effects of it during private transactions make this phenomenon ugly and criticized.

Keywords:

Commission, bribe, government transaction, crime, law, harmless, percentage

The money that is in your hands is the result of research about There are questions created in the writer's mind. Questions that may exist in the institution of many people but have not reached the answer stage. The commission issue has been common among human societies for a long time and has taken various forms until today. But for some reasons, there is no direct mention of it in the early texts of Islamic jurisprudence and law. From the name Porsant, which is western, it can be recognized that this phenomenon can be considered emerging, therefore, to investigate its dimensions, the lot falls to the name of researchers, jurists, and lawyers, by delving into the foundations of jurisprudence and legal materials, and examining common sense, customs, and economic conditions. To clarify the task of permission or not to make a decision. Due to the similarities and commonalities of begging and receiving a commission, the foundations and documents of the sanctity of accepting bribes and paying it can be used in many stages of investigation.

The innovation that has been done in the present black exercise is the introduction of some new documents to clarify the task of receiving a commission, which hopefully will come to the attention of the respected reader in the coming pages.

In the upcoming research, the structure of commission is innovative The opinion of Islamic jurisprudence has been examined.

The roots and similarities of the issue of porsant with various chapters of jurisprudence and works on them have been examined in a non-exercise way that it is expected that other researchers will clarify the role of porsant in jurisprudence and subject law with the clues provided in this research and provide solid and comprehensive sources in this field.

Also. From the title of this research, it is expected that the study of the sanctity of receiving a commission has been done in all Islamic religions, including Shia and Sunni. But due to the unavailability of codified and non-codified sources in this field, both old sources and the need for reasoning and analogy, and new sources in the field of Sunni jurisprudence, unfortunately, the researcher has failed to separate the opinions of Sunni religions regarding the research topic. Therefore, in the thesis in your hand, in addition to the analysis and investigation of the commission issue from the Shia point of view, only the opinions of the Sunnis have been mentioned, which, God willing, you will accept the author's apology due to the lack of sources on this topic.

It is hoped that the good intention in writing these materials has given a special color and flavor to the words, and I ask God for firm steps to continue the path of learning and research.

1. 1. 1. Statement of the research problem

The term commission, which means percentage, amount of profit, and brokerage fee expressed in the term, refers to a percentage of the price of goods that is paid during the transaction through purchase. The similarity of commission with bribery has led to careful consideration of the Shariah ruling of commission, and various opinions have been expressed in this regard. To explain the ruling on commission, it is necessary to first examine the realm of commission, its types and types, examples and rulings from the perspective of Imamiyyah jurists, Sunnis and jurists.

2. 1. 1. Importance and Necessity of Research

Given the applicability of commission in today's transactions and the multitude of its use, especially in international exchanges, it is necessary to get acquainted with the Shariah ruling of this practice and thereby, by complying with its conditions, provide the means to correct common transactions. In addition to that, all brokers and in a way proxies in buying and selling are overshadowed by the issue of commission, which this issue and its wide circle adds to the importance of dealing with the issue of commission. Of course, considering the destructive effects of commission crime in society and in today's governmental and non-governmental transactions, it is necessary to identify and implement strategies to combat it by knowing the scope, examples and underlying conditions of this crime.

3. 1. 1. Research questions

1 What is the Shariah ruling on commission from the perspective of Islamic religions?

2 What are the jurisprudential bases of the ruling on commission?

3 What are the differences between commission and bribery?

4 What are the types of commission?

4. 1. 1. Assumptions of the research

1 Different schools of jurisprudence believe in the prohibition and sanctions of receiving commission.

2 Verses such as ?Lataklua amwal kam beinkam balbatil? and the jurisprudential rule of harm are among the jurisprudential bases of the ruling on commission.

3 Commission is done in the context of transactions, but bribery occurs when a person undertakes to do or not do something. accepts financial benefits.

5. 1. 1. Background of the research

Regarding the subject being affected in different societies, several researches have been conducted about it, some of which we mention:

1 Special crimes of government employees, Ali Mohajeri, Kayhan Publications, 2 Economic criminal law, Mohammad Saleh Deliri, Mizan Legal Foundation, 3 Examining bribery of commissions and commissions, written by Rovan Bakhsh Yazdani, 4 Criminology of receiving commissions, written by Mohammad Maqsood, 5 Description of the Armed Forces Crimes Law, written by Mohammad Malmir 6. A theoretical study of the issue of administrative corruption written by Ismail Bilali and Daud Farmarzi.

6. 1. 1. The theoretical framework of the research

Since we are talking about the Shariah ruling of the commission issue, it is clear that it should be the field of study and research of Islamic narrative and jurisprudence books. But since the preemption of the commission issue and its criminalization is closer to the law and the position of the jurists than the jurists, we have also forced ourselves to examine the legal sources.

2. 1. Basic concepts

1. 2. 1. Literal meaning of commission

The percentage that a person receives from the profit due to participation in a work is called commission.[1] In fact, commission is derived from the French word percentage "percentage" and means percentage, amount of profit and brokerage fee, which has considerations from the legal point of view as well as the sanctity of Shari'ah and is illegal or forbidden under certain conditions. [2]

In the Persian language, the French word for this word is porsant or porsantage, although it has been a while since the Persian language and literature academy has chosen the word "percentage" as its Persian equivalent.

2. 2. 1. Terminological concept of commission

The legislator has defined the crime in some cases, but sometimes he has refused to provide the legal definition of the crime and is limited to mentioning the title of the crime and its punishment. In this case, the legislator leaves the determination of the examples and definition of the crime to the judicial procedure or doctrine. The legislator has not provided a definition of commission fee in the single article of the Law Prohibiting Commission Fees in Foreign Exchanges, the Criminal Law of the Armed Forces, as well as the Islamic Penal Code, and the judicial procedure and court rulings have not defined commission fee.

However, some jurists have given definitions of commission fee. Some authors consider commission as a percentage of the price of goods that is paid to government officials during the transaction with a foreign company.