نوع مقاله : مقاله پژوهشی
1 دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه قم (نویسنده مسئول).
2 استاد گروه اقتصاد اسلامی دانشگاه قم
3 دانشجوی دکترای گروه فقه و مبانی حقوق اسلامی دانشگاه قم
عنوان مقاله [English]
One of the most widely used methods in deferring non-current receivables in partnership contracts is to use the method of converting the contract into other facility contracts.
One of the most important jurisprudential challenges in converting partnership contracts into other facility contracts is the existence of serious suspicion of ignorant usury from the perspective of an important criterion such as serious intent. is included in.
The present article, which uses the method of content analysis, while examining the existing jurisprudential views regarding the legitimacy of usury with reference to the criterion of serious intent, has dealt with the pathology of the method of deferral of partnership contracts through contract conversion. The results of the research indicate that the forms of serious intention that eventually lead to the occurrence of ignorant usury are significantly present in this practice.
Due to the complexity and neglect of procrastination methods and customers' lack of knowledge about the nature and provisions of procrastination contracts, it can not be logically imagined to conclude a contract with a serious intention by the bank and customers. At the stage of concluding the contract, even if we consider the intention to mean the intention to sign and not the ultimate cause, the transaction is flawed in terms of the rule of compliance with the intention.