The nature and legitimacy of Tanzil in Imami jurisprudence and its examples in Islamic banking (Tanzil in Imami jurisprudence).

Autor: Taleghani, Maryam Nazari, Rahimi, Fathullah, Asgharian, Mojtaba, Mansouri, Saeed
Zdroj: Fiqh & Usul; Autumn2023, Vol. 55 Issue 3, p67-86, 20p
Abstrakt: "Tanzil" is the assignment of a long-term monetary credit before due date at a price lower than its nominal amount, the legitimacy of which is disputed in Imamiyyah and Ameh jurisprudence and the governing laws and regulations. Its origin is the difference in how to explain the legal nature of Tanzil. The almost all majority of Imami jurists have interpreted the nature of Tanzil as the contract of sale, or in more precise terms, "the sale of debt", and considered Tanzil in the nature of a debt to be included in the sanctity of usury, and in the nature of a sale, it is outside the title of usury. In this essay, the legal nature of Tanzil and its examples in Islamic banking have been explained in a descriptive and analytical way by inferring from both Imamiyyah and Ammeh jurisprudence opinions, andit has been concljded thatt sale of debt can be recognized as a suitable format for analyzing the nature of Tanzil of commercial documents in the Islamic banking system. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index