التجديد الفقهي في أثر المثلي الصوري على رد بدل القروض بعد خروج النقود من المثلية إلى المثلي الصوري: دراسة فقهية تحليلية

JURISPRUDENCE RENEWAL IN THE IMPACT OF CURRENCY DEVALUATION ON RETURNING THE LOANS: AN ANALYTICAL JURISPRUDENCE STUDY

Abstract

To uphold the justice in financial matters is the utmost purpose of Sharī‘ah. Therefore, it is the borrower's duty to pay back to the lender the same thing that he borrowed from him without any devaluation. But currently situation, as we see that the loan contract occurs between two parties for a long period and when the time comes to repay these loans to the borrower, a major change in their values occurs. Therefore, it is necessary to us to know the Sharī‘ah position about these situations. Does the Sharī‘ah look only at their shapes and forms, or does it also look at their inner values? So this paper describes a lot of Jurisprudential examples which show that Sharī‘ah looks at the shape and figure with their internal values. But when internal values do not remain in them, it makes compulsory to the borrower to return the loan with market price without looking about their shapes and their figures. After studying these examples, it applies the same rule on currencies loans as model when their values changed with the passage of time.