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Investigating the Theory of Profit in Immamiyyah Fiqh (Jurisprudence) with an Emphasis on the Verses of the Holy Qur’an
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Seyyed Mostafa Malihi   1, Seyyed Abdol Rahim Hoseini |
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Abstract: (319 Views) |
| Some Faqih (jurists), while questioning ownership over portrayals of intangible property, have faced problems with the circumscription of propriety rights such as possessing potential and incremental profit, which is one of the most relevantly evident examples of proprietorship. This dispute is due to the state of this transaction interest being non-existent and non-realized at the time of contract settlement, especially in contracts whose subject is profitable interest and not something that is considered a portable or an unportable property, assuming that what is transferred and agreed upon is neither tangible nor objectively assessable. In response to criticisms and demands, experts have presented several hypotheses, opinions and reputable verdicts for which its collective context is known as “Theories of the Feasibility of Ownership and Interest Transference” as most of the statements in this topic are articulated around the ability to portray such proprietorship, or contrarily, the intellectual impossibility of defining it. The most prominently proposed views of a general category are: the theory of creditworthiness of interests, theory of independent and dependent ownership, latest realization of the theory of subordinated ownership and the theory of detaching transference from property while suspending profitable proprietorship. This paper will provide the preliminaries to scientifically examine and interpret these theories, and finally, presents incorporeal interest of various trades to be an explicated and well-established theory in accordance with the verses of the Holy Qur’an. |
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| Keywords: Property, Objective Source, Interest Theory, Profit, Transaction, Imamiyyah Fiqh (Jurisprudence). |
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Full-Text [PDF 349 kb]
(120 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/09/22 | Accepted: 2023/09/1 | Published: 2023/09/1
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