A Jurisprudential Study on Guaranteed Interests in Bank Deposits
Subject Areas : فقه و مبانی حقوق
Haydeh Darvishi
1
(Ph.D. Student, Department of Fiqh(jurisprudence) and basis of Islamic law, Islamic Azad University, Qom Branch, Qom, Iran.)
Esmat al-Sadat Tabatabaei Lotfi
2
(2Assistant Professor, Department of Fiqh(jurisprudence) and basis of Islamic law, Islamic Azad University, Qom Branch, Qom, Iran.)
Sayyed Muhammad Shafiei mazandarani
3
(3Assistant Professor, Department of Fiqh(jurisprudence) and basis of Islamic law, Islamic Azad University, Qom Branch, Qom, Iran.)
Keywords: Insurance, Usury, bank deposit, In-part-payment Profit, Interests,
Abstract :
In order to attract public capital, banks have set guaranteed earnings and have tied the overpayment to the bank's economic efficiency. From a jurisprudential point of view, receiving interest on depositing money without any risk is considered usury, which is a religious prohibition. Jurisprudents have allowed receiving profits provided that a contract is made such as representation in investment, mudarabah, sale, etc. In this study, two categories of pricing and bank-deposit insurance are discussed, according to which the determination and guarantee of in-part-payment profits has a religious justification. Considering the acceptance of insurance in the form of Islamic contracts by most of the jurisprudents, bank deposit insurance that guarantees the principle in-part-payment interest is permissible. Also, the government's involvement in pricing has been approved, if necessary, with a view to providing social benefits. Therefore, given the current state of society, the government has the right to set the in-part-payment interest rates and according to the two categories considered, the in-part-payment interest has a legal justification.
قرآن کریم.
نهجالبلاغه.
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