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الأجرة على الكفالة و الجاه و القرض : دراسة مقارنة

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: الجمال، محمد محمود محمد (مؤلف)
المجلد/العدد: ع 2
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2009
التاريخ الهجري: 1430
الشهر: أكتوبر
الصفحات: 76 - 93
رقم MD: 166879
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
مواضيع:
رابط المحتوى:
صورة الغلاف QR قانون
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المستخلص: This paper is comprised of three studies. The first study evaluates the extent of the law regarding the receiving of payment for providing protection and security (financial, or other). The second issue discusses the use of power and one’s high ranking to vouch on behalf of a weaker party. Finally, the third issue discusses the idea of Qard (righteous interest free loan). Here are the intended meanings of the following words: Ujra - compensation for a service performed. Kafalah - Attaching the responsibility of the warrantor to the one being granted the warrantee. Jaah - Elevated Status amongst the people. Thaman - The financial cost of the service. Qard - An interest free loan where one temporarily donates his wealth for the sake of Allah so that someone else may benefit from it. He is only paid back the principal and nothing extra. The four most important legal principles used by the scholars when ruling on this matter are: 1. All dealings which do not include taking compensation are allowed to have risk and unknown outcomes. 2. Any Qard (righteous interest free loan) that has any type of benefit affiliated with it is prohibited. 3. It is not permissible to take compensation for performing something that is obligatory. 4. Whatever was made permissible due to necessity, taking compensation for it is not permissible. Kafalah (taking care of and fulfilling one’s needs) is considered amongst those things that brings one closer to Allah, since the purpose behind it is to lift the burden and difficulty upon one’s friend. Based upon this, the scholars have differed regarding the permissibility of taking payment for it. They are three opinions concerning it, with the majority stating its prohibition since it leads to a loan with unlawful benefits. Furthermore, it is considered from amongst those things which bring one closer to Allah, and they are not to be done for any reason other than for the sake of Allah. It is not befitting to take compensation for such acts. The scholars have agreed that the one granting a Qard cannot take any increase or receive any other benefit upon repayment, since such an action would lead to breaking the social ties between people. As for using one’s high ranking to support someone else, the scholars have differed upon the permissibility of receiving compensation. The Shafi and Hanbali Legal Schools have allowed it, while the Maliki School has three opinions on the matter. They differentiated depending on what the individual of high ranking spent in his efforts to support someone else. The first opinion allows that individual to receive exactly what he spent and nothing more. The second opinion stated it was disliked (Makrooh), and the third opinion stated it was prohibited since it falls under the principle of taking payment for something that is obligatory to fulfill. Based upon this principle, the Malikis stated that there are three things that may only be performed for the sake of Allah (and not for compensation). Those three things are: 1. Safeguarding someone’s interests (Damaan) 2. Using one’s high ranking or superiority to help someone in need 3. Qard (righteous interest free loan)

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