نوع مقاله : مقاله های برگرفته از رساله و پایان نامه
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی، واحد نجف آباد، دانشگاه آزاد اسلامی، نجف آباد، ایران.
2 استادیار، گروه فقه و مبانی حقوق اسلامی، واحد نجف آباد، دانشگاه آزاد اسلامی، نجف آباد، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the important problems of the banking system in Iran is the late payment of customers' debts in long-term transactions. Paying debts at the appointed time is a legal duty, but in an Islamic society, it is also considered a religious and moral duty. The banking system uses several methods to ensure timely collection of claims. One of these methods, the legitimacy of which there are many differences between jurists and Islamic banking experts, is to collect a penalty for late payment in the form of an obligation in the form of a condition included in the contract in banking contracts. According to some Islamic thinkers, this method is against Sharia standards, and according to another group, it is a correct and legitimate way to solve the mentioned problem. This treatise tries to explain the jurisprudential analysis of the late payment penalty in the banking system of the Islamic Republic of Iran with the library and documentary method, emphasizing the jurisprudential opinion of the Supreme Leader, and according to the content, it can be said: the late payment penalty in the banking system of the Islamic Republic of Iran, from Examples of unrealized interests are that the Supreme Leader considers late payment fines against banks as permissible. According to the jurists of the Guardian Council, commercial, loan and ignorance usurpation does not include the condition of delay fine. There are two views among Islamic jurists about the Shari'a ruling of receiving late payment fines from delinquent customers. Supreme Leader
کلیدواژهها [English]