Erken Ödeme İndirimi Muamelesinin Şer‘î Hükmü ve Cahiliye Ribâsı ile İlişkisi Açısından Tahlili
The Analysis on the Transaction of Early Cash Discount in Terms of the Relationship with Its Legal Ruling and the Interest of Jahiliyyah
Author(s): Mehmet Aziz YaşarSubject(s): Civil Law, Islam studies, Sharia Law
Published by: Karadeniz Teknik Üniversites - İlahiyat Fakültesi
Keywords: Advance Payment; Discount; Usury of Jahiliyyah; Term; Debt; Payee; Obligor;
Summary/Abstract: The matter about whether it is permissible that there is a discount in the time loan in exchange for the advance payment is our study’s main subject. The majority of scholars accepted the aforementioned discount as the purchase of term, and accepted it as unlawful by evaluating it within the scope of interest of jahiliyyah. Some jurists thought such discount as the benefit of parties and accepted the discount as halal by evaluating it in the context of discount magistrate. The main reason of disputes about this matter is that there are two opposite hadiths. The approaches of jurists were revealed about the canonical judgment of the transaction of early cash discount in the article. In this context, the information will be firstly given about the importance of this matter, and then the subject will be tried to be enlightened as the sanad criticism is made about the aforementioned hadiths. Then, an effort was made to determine a view worthy to be preferred as the views of jurists were evaluated with their legal reasoning. In this respect, it was tried to be determined about whether there is a relationship between the aforementioned transaction and the interest of jahiliyyah.
Journal: Trabzon İlahiyat Dergisi
- Issue Year: 6/2019
- Issue No: 2
- Page Range: 118-152
- Page Count: 35
- Language: Turkish