Munich Personal RePEc Archive

القروض التبادلية بين شبهة الربا وشكلية العقود

Abozaid, Abdulazeem (2011): القروض التبادلية بين شبهة الربا وشكلية العقود. Published in: ISRA international Arabic journal of Islamic Finance, Malaysia , Vol. 1, No. 1 (2011)

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Abstract

Reciprocal loans are loans that are conditional on each other; a lender stipulates that the borrower provides him a simultaneous or deferred loan in exchange for his loan. The prohibition may approach this transaction from two angles; one is the possibility of the occurrence of Riba as the lender benefits from the loan he has stipulated. The other relates to the structure of this transaction as two contracts are combined in one transaction, which is known to be invalid in the Shariah. This paper discusses the applicability of these two possible prohibiting elements to the reciprocal loans after it explains their potential applications. The importance of this paper emerges from the fact that it also sets a criterion for determining the lawful benefits that can be obtained from Loan. Besides, it discusses the issue of whether the structure of the contract can alone determine its permissibility.

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