Reflection on the Ideology of Jurists on the Unity of Goods Stipulation In the Realization of Unlawful Proft Transaction

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ALIAKBARI BABOUKANI EHSAN; GHANE AHMAD ALI; HABIB ALLAHI MOHAMMAD HADI

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2020 | Volume:11 | Issue:20 Page(s): 77-100

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Title

Reflection on the Ideology of Jurists on the Unity of Goods Stipulation In the Realization of Unlawful Proft Transaction

Author(s)

ALIAKBARI BABOUKANI EHSAN | GHANE AHMAD ALI | HABIB ALLAHI MOHAMMAD HADI | Issue Writer Certificate

Keywords

Unlawful proft (usury)Q2

Unlawful proft (usury) transactionQ1

Module (measurement) and being weightyQ1

Two objects subtractionQ1

Two objects unityQ1

Abstract

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.

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APA: Copy

ALIAKBARI BABOUKANI, EHSAN, GHANE, AHMAD ALI, & HABIB ALLAHI, MOHAMMAD HADI. (2020). Reflection on the Ideology of Jurists on the Unity of Goods Stipulation In the Realization of Unlawful Proft Transaction. CIVIL JURISPRUDENCE DOCTRINES, 11(20 ), 77-100. SID. https://sid.ir/paper/227234/en

Vancouver: Copy

ALIAKBARI BABOUKANI EHSAN, GHANE AHMAD ALI, HABIB ALLAHI MOHAMMAD HADI. Reflection on the Ideology of Jurists on the Unity of Goods Stipulation In the Realization of Unlawful Proft Transaction. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2020;11(20 ):77-100. Available from: https://sid.ir/paper/227234/en

IEEE: Copy

EHSAN ALIAKBARI BABOUKANI, AHMAD ALI GHANE, and MOHAMMAD HADI HABIB ALLAHI, “Reflection on the Ideology of Jurists on the Unity of Goods Stipulation In the Realization of Unlawful Proft Transaction,” CIVIL JURISPRUDENCE DOCTRINES, vol. 11, no. 20 , pp. 77–100, 2020, [Online]. Available: https://sid.ir/paper/227234/en

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