Financial contracts in the interestless economy (In terms of the rise, the legitimacy and its functions)
2019
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Advisor: Doç. Dr. Ahmet İnanır
Abstract (EN)
Financial Contracts ın The Interestless Economy in this work named, we study the financial contracts in economy where interest is regarded as haram (prohibited) in terms of the rise, the legitimacy and its functions by making mainly us of classical sources. In this context we see the existence of came contracts in the light of these sources such as selem, ıstısna, be'y bi'l-vefâ, be'y bi'l-istiğlal, ine satışı, murabaha, leasing, muzaraa, musakat and müşaraka. In the selem type of contracts, the cost of selling is paid in cash but the payment of buying is made at a due time over period. In the ıstısna contracts we get the hand craftsmen to make the goods. In the be'y bi'l-vefâ type of contracts, selling is made on condition that the buyer pays fort he googs when the seller makes the delivery of the goods. In the be'y bi'l-istiğlal, the goods are hired to the seller directly so that he could make use of its gain. In the type of İne selling the goods at a selling price for over a period of time, the same goods are bought at a cheaper price than the salling price. In the murabaha contracts the goods are sold to the buyer after letting the buyer know about the cost price and than adding a certain amount of profit margin over that price in mutual confidence. In the leasing contracts, the act of transfer of ownership. The contract of mudarebe is a kind of agrcement of partsnership between the landower and the labourer tos hare the harvested crops. The last one is the type of contract called Musaraka which is a kind of commercial agreement of partner ship. In the past, when the doctors of the holy law were not able to find a reasonable solution in conformity with the holy law and the reqwirements of financial capital they use to make use of hile-i şer'iyye within the legitimate limits of the law the aroid of abstaining from the harams. In this regard, credited transactions were allowed to make for providing additional income some of them are still existed and function in our time today. At present, some legitimate financial acquisition methods are developed such as murabaha and leasing. In the muslim communuties the endeavours of finding capital from the legitimate ways take priority to overcome the problamatic issue of legitimacy between the life that they live and the exessive values that they have themselves comparing to the past.
Author
Dr. Mehmet Yüksel
Institution
How to Cite
Mehmet Yüksel (Master Thesis). Financial contracts in the interestless economy (In terms of the rise, the legitimacy and its functions), 2019, Tokat Gaziosmanpaşa Üniversity.
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