نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه اقتصاد، دانشگاه مفید، قم، ایران.
2 دانشیار گروه مترجمی، مجتمع زبان، ادبیات و فرهنگشناسی، جامعه المصطفی العالمیه، قم، ایران.
3 دکتری علوم حدیث و استاد حوزه علمیه قم، ایران.
4 دانش آموخته سطح 4 و استاد حوزه علیمه قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Bay‘ al-‘Inah is one of the transactions that, due to its apparent similarity to a conditional loan and its potential to circumvent usury (riba), has become a favored instrument among banks and traders. This resemblance has given rise to jurisprudential doubts and critical debates concerning its legal ruling. In its common form, this contract operates as follows: a person in need of financing approaches another party and sells a commodity to them on a cash basis. Subsequently, the buyer undertakes, in the same session and through a separate contract, to resell the same commodity to the original seller on a deferred basis at a higher price. Because of the presence of ambiguous and multi-faceted narrations, as well as the formalistic nature the transaction assumes when the second contract is stipulated within the first, various doubts have been raised regarding this practice. The narrations themselves appear, at first glance, to be contradictory; however, by reconciling them, it can be shown that they merely delineate the red lines of this contract rather than constituting an absolute prohibition. The significance of this type of transaction lies in its application within commercial and banking relations. Nevertheless, to date, no study has comprehensively reviewed, analyzed, and critiqued the full corpus of narrations related to bay‘ al-‘inah. Adopting a descriptive–analytical approach and relying on library sources, the present study examines the jurisprudential concept of ‘inah and its instances in the religious texts. The main objectives of this research are to clarify the various forms of ‘inah discussed in Islamic sources, analyze the chain-of-transmission and textual implications of the related narrations, and determine the boundary between permissible and impermissible forms of ‘inah in the jurisprudence of transactions. Among the central issues addressed is the prohibition of stipulating the second contract within the first (such as conditioning a deferred sale upon a cash sale) and the jurisprudential analysis of similar cases. The findings of this study can contribute to providing a clear framework for distinguishing illegitimate ‘inah-based transactions from their permissible counterparts and pave the way for a more precise application of jurisprudential rulings within an interest-free banking system.
کلیدواژهها [English]
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