1. Ebû Yûsuf’un Felslerin Değer Değişimine İlişkin Görüşünün Günümüz Kâğıt Paralarına Uyarlanmasının İmkânı: Nitel Bir Analiz.
- Author
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YILMAZ, Mustafa
- Abstract
Inflation, which refers to the decrease in purchasing power, is one of the prominent problems of the global economy. This problem affects all contracts related to money. On the other hand, Islamic law's approach towards the prohibition of interest is closely associated with the contracts. Indeed, in contracts made with paper money, the legal status of the contract becomes controversial when there is a depreciation in the value of the money before the contract is fulfilled and the debt is paid. For example, some jurists, citing the fatwa of Abu Yūsuf (d. 182/798), one of the founding leaders of the Hanafi school, on the change in the value of fels used as coins in transactions, argue that in case of fluctuations in the value of paper money, payment should be made according to the value at the date of the contract. Meanwhile, others argue that Abu Yusuf's opinion does not extend to paper money. In this study, I will analyze these two approaches by applying the qualitative research method in social sciences. As part of the analysis of the subject, I will comprehensively present and evaluate the views and approaches that appear in the contemporary literature. Then, I will discuss Abu Yusuf's view regarding the cause and subject matter of the debt. Thus, I will highlight the position of this view in the Hanafi madhhab literature based on historical data. I will also show whether this approach is valid for today's paper money. The main argument of those who claim that Abu Yusuf's approach to fels includes paper money is that paper money, like fels, has a nominal value. This means that the depreciation that is taken into account in fels is also taken into account in paper money. Another argument is that the change in value that is taken into account in fels, which is used as coins in transactions, will be taken into account in paper money, which is used as the main currency today. On the other hand, those who do not accept this approach argue that fels cannot be considered qiyamī because it is semen, and Abu Yusuf's opinion is limited to fels used as coins in transactions. According to the available data, I consider the arguments of those who claim that Abu Yūsuf's opinion on fels does not extend to paper money as problematic. Because one of the reasons given by those who hold the latter view is that fels cannot be equated with today's paper money since it was a type of coin that completed the fractions of dirhams in transactions. For example, according to the well-known Egyptian historian al-Maqrizī (d. 845/1442), fels were used not only as coins but also as the main currency. Therefore, the fluctuations in the value of fels, which functioned as the main currency, should be evaluated within the framework of Abu Yūsuf’s view. In addition, some Hanafi jurists expanded upon Abu Yūsuf’s view. For example, Ibn Ābidīn (d. 1307/1889), one of the leading figures of the late Hanafi school, in his treatise on the issue, evaluated the debased dirhams (maghlūb al-ghāsh/ مغلوب الغش (in the category of fels. This shows that Abu Yūsuf's approach is also applicable to today’s paper money. Therefore, we can say that Abu Yūsuf’s view on fels is also applicable to today's paper money. This is because Abu Yūsuf, as stated by Ibn Ābidīn, claims that fels is not produced as money and therefore has a nominal value. As a result, according to Abu Yūsuf's opinion regarding the fluctuation in the value of paper money, it is understood that those who claim that payment should be carried out based on the value on the day of the contract have a more accurate attitude. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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