1. تبدُّل سبب الملك والآثار المترتِّبة عليه
- Author
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Soner Duman, İbrahim Albakkar, Duman, S, Albakkar, I, Sakarya Üniversitesi/İlahiyat Fakültesi/Temel İslam Bilimleri Bölümü, and Duman, Soner
- Subjects
Creditor ,Jurisprudence ,media_common.quotation_subject ,General Medicine ,Debtor ,Religion ,Dilemma ,Loan ,Financial transaction ,Business ,Meaning (existential) ,Inheritance ,Law and economics ,media_common - Abstract
Money is considered one of the main five necessities the Islamic Jurisprudence called for its fair saving, which is via investment and daily exchange with people. Man is considered always part and parcel of his society, thus individuals should be careful in dealing with saving their monetary transactions. Money, however, can only gained in the rightful way, which working on a business. But sometimes, money can be inherited, and even if it were evil in essence, the new owner might be virtuous and straight forward. The new owner might find himself in dilemma of the result of having this fortune and how to deal with it from an Islamic perspective, as he, the new owner, knows quite well, the given money or inheritance is not a result of approved transactions and dealings. Jurisprudential Science came to find out a solution for this perplexing question and show the right procedures to be followed. Jurisprudential Science is considered one of the most important sciences as it focuses on facilitating the daily transactions of people, make them flexible to accommodate with each era and keep up with the new emerging issues. Therefore, this study aims to clarify one of the jurisprudential rules and connect them to the modern developments. This rule talks about the transformation of ownership. The significance of this research is shown in the attempt of answering some questions about the treatment of individuals whose money is suspected of interfering with the forbidden or suspicious money. The importance of this research also lies in the interference of this rule with many branches of jurisprudence, such as acceptance of charity and gift from those who earn forbidden money, or the transfer of wealth through inheritance, etc. Therefore, the question is, since the word “forbidden” is an adjective that describes the person who acquires money through prohibited methods and it is not directly related to the earned money, is it correct to describe a person’s income with the same adjective just because he deals with the suspected person or this adjective is only for the person who earns money through forbidden ways? This study is trying first to explain the meaning of the jurisprudential rule “Reasons of changing ownership”, its legitimate reference, the related rules and the opinion of scholars in the application of this rule in the acts of worship and donations. Then, the research is attempting to clarify the effect of this rule on the daily transactions of people, in particular, the way of treating the individuals who earn and acquire money through illegal ways. Finally, the article mentions the contemporary applications of this rule through the exploitation of occupation, the transformation of financial-commercial organizations to Islamic-financial organizations and the profit from dealing with commercial banks, insurance contracts and suspicious transactions. The research concluded the following results: If the reason of possessing something is changed, then the judgment of this thing based on the Islamic law is changed. The interference of the jurisprudential rule “Reasons of changing ownership” with many branches of jurisprudence. In the course of financial transactions, the Islamic law states that it is not necessary to search for the source of money, nor the method of earning this money, but rather deal with it as it come from legal methods. The transfer of illegal money from the person who acquired it to his heirs, or to others, does not remove the sin from him and it remains in his debt. There is no sin on a creditor who has recovered his debt from a debtor who has borrowed a loan to repay the debt.
- Published
- 2019
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