Author
Muhammet Varelci
Publication Place
Young People's Marriage and Mahr Foundation -
Young People's Marriage and Mahr Foundation
Subject
Debt, Islamic law
Type
Book
Language
ara,eng
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1304-1045, EISSN: 2791-9730, DOI: 10.59777/ihad.1271031
Record ID
cdi_doaj_primary_oai_doaj_org_article_86cb8ed86f684e039cccdd9bf11e8009
Library Location
Open Access Resources_DOAJ
Notes
Inflation, in its most general definition, is the loss of value of money. The most important indicator of this loss of value is an increase in the general level of prices as a result of an increase in the amount of money against a decrease in goods or an increase in the amount of money against goods. In this context, inflation, which is seen as an important issue in terms of affecting economic life today, has taken its place in the literature as a problem that requires precautions and solutions. Because in an environment where inflation is experienced, people's lives become difficult, it becomes difficult to meet their needs, and undesirable results occur in many areas such as social order, politics, and state economy. It is also known that the dominant economic understanding today uses interest as a tool to overcome the problem in question. Since interest is forbidden in Islam, the inflation problem has recently become a controversial issue among Islamic jurists and has occupied the agenda both in the academy and in the institutions and organizations that carry out fatwa issues. Accordingly, when we look at the approaches to the issue, which can be summarized as the depreciation of money, in other words, the addition of the inflation difference to the principal borrowed, it is seen that there is no complete unity neither among the predecessor scholars nor today; On the contrary, it has been observed that differences of opinion have increased towards the present day. Therefore, it can easily be said that the evaluations of Islamic jurists regarding the payment of inflation difference today are much more diverse. It is thought that it would be an appropriate approach to discuss all these diverse views in the context of contract theory in Islamic law in order to demonstrate them systematically. Based on this idea, the main question of the research is how the money that has lost value due to inflation will be paid in contracts with an intervening maturity. For this reason, in the research, the opinions expressed in the past and today regarding the problem of whether an excess equal to the inflation difference can be added to the principal amount of the embezzled debt when the payment date comes, were discussed in terms of the contract theory of Islamic law. In this context, explaining the approaches of four Sunni fiqh sects and current researchers on paying the inflation difference in terms of Islamic law contract theory shows the importance of the research. In this regard, first the sectarian views in the classical literature on paying the inflation difference and then the current approaches were compiled. Among the sectarian views, in addition to the basic view that does not accept paying the inflation difference, there are some views that accept the payment of the inflation difference. However, this acceptance is conditioned on being made after the contract is established, that is, it is stated that the inflation difference cannot be claimed at the beginning of the contract, but in case of inflation after the contract is established, the difference can be requested. In addition, it has been observed that there are sectarian views such as proposing a settlement by dividing the amount of inflation difference, expressed as damage, between the contracting parties and granting the right of termination to the creditor party in case of inflation after the contract is established. Today, the views on the payability of the inflation difference have diversified in parallel with the emergence of new conditions and situations. It has been determined that there are some approaches that differ from the views in the sects. It has been observed that there are some approaches such as permissible of contracts such as incentive loans just because they are beneficial, compensating the inflation difference by imposing a penal clause on the contract if the debt is not paid on time, associating the inflation difference with defects affecting the contract such as deception, uncertainty and obscurity, and not allowing the inflation difference to be requested in the contract where the debt is indexed to something else or there is a maturity difference. Finally, in identifying and compiling all these opinions in the sources, attention was paid to come from the past to the present, and special attention was paid to the current council fatwas.
Detaylı Başlık
İslâm Hukuku Akit Teorisi Bağlamında Enflasyon Farkının Ödenmesine Dair Görüşler
