نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه فقه، مجتمع عالی فقه، دانشگاه المصطفی قم، قم، ایران
2 گروه اقتصاد، دانشکده اقتصاد، دانشگاه مفید قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
The aim of the present research is to examine the jurisprudential nature of term deposits in banks. The research method is descriptive-analytical and uses library resources. Although various interactions between the public and banks can be imagined, due to ambiguities surrounding this type of deposit, the present study seeks to analyze the specific nature of term deposits. It has been determined that, according to a contract consisting of agency and insurance, there is no usury (riba) in these types of deposits. This means that by utilizing Islamic contracts and combining some of them, the issue of usury in transactions between individuals and banks can be resolved. However, if there is certainty based on indications that the transaction between the bank and the public is a type of loan, then the rules of loans will inevitably apply, and any excess payment will be unlawful and considered usury.
Though prominent scholars such as Ayatollah Makarem Shirazi and researcher Mohammad Abbas Mousavian have conducted studies in this field, the brevity of their discussions and the high importance of the topic indicate a need for more comprehensive research.
کلیدواژهها [English]