Criticism and Analysis of the Common View of Jurists on Loan Property's Khums

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Kaykha Mohammad Reza; Moradi Yosef

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2019 | Volume:11 | Issue:20 Page(s): 279-300

Download Full-Text

Persian Verion

View:

359

Download:

Cites:

Information Journal Paper

Title

Criticism and Analysis of the Common View of Jurists on Loan Property's Khums

Author(s)

Kaykha Mohammad Reza | Moradi Yosef | Issue Writer Certificate

Keywords

loan propertyQ1

KhumsQ2

borrowerQ1

lenderQ1

bank loanQ1

Abstract

The aim of the present study is to elucidate the Khums of loan property and criticize the popular view of jurists, because the Shi'a jurists and the laws of Iran, in accordance with Qur'anic verses, narrations, necessity principle, Taslit’ s rule and custom, the loan agreement is considered possessory and attributed the profit and loss of the loan property to the "borrower" and believe that the "lender" does not have the right to interfere with the possessions of "borrower" and in contrast, some jurists believe that the loan contract entails the acquisition of debt. But both groups agreed on the need to pay the Khums of this property and believed that if it is possible to collect Khums of the loan property at the Khums year, it is receive at the same time, otherwise, it must be taken as soon as it is received. This descriptive-analytical study suggests that the current fatwa is not compatible with the possessory of loan agreement, the belonging of profit and loss to the borrower, common law, the verses of Quran and the narrations. In addition, Imam Sadeq (PBUH), in a narrative, explicitly considered the Zakat of loan property to the borrower for such features. Therefore, in this narrative, the stipulation of jurisprudence and law on the possessory of loan agreement and belonging of profit and loss of loan property to the borrower and consequently the prohibition of borrower to interfere, it is cleared that a new comment can be made and based on this, the Khums of loan property is belonged to the borrower, or that property like bank loans is without Khums, as long as it has not been repaid or the loan is considered as part of the year's earnings income and if it remains until Khums season, then its Khums will be paid.

Cites

No record.

References

No record.

Cite

APA: Copy

Kaykha, Mohammad Reza, & Moradi, Yosef. (2019). Criticism and Analysis of the Common View of Jurists on Loan Property's Khums. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 11(20 ), 279-300. SID. https://sid.ir/paper/405049/en

Vancouver: Copy

Kaykha Mohammad Reza, Moradi Yosef. Criticism and Analysis of the Common View of Jurists on Loan Property's Khums. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2019;11(20 ):279-300. Available from: https://sid.ir/paper/405049/en

IEEE: Copy

Mohammad Reza Kaykha, and Yosef Moradi, “Criticism and Analysis of the Common View of Jurists on Loan Property's Khums,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 11, no. 20 , pp. 279–300, 2019, [Online]. Available: https://sid.ir/paper/405049/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops