Publication of the Second Volume of the Book “The Jurisprudence of Money”: An Ijtihadi Examination of Banking Jurisprudence and Loan Usury

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The second volume of the specialized book “The Jurisprudence of Money” (Fiqh-e Pul), available in both Arabic and Persian, has been released into the publishing market by the Publications of the Management Center of the Qom Seminary. This work constitutes the transcripts of the advanced jurisprudential lectures (Dars-e Kharij) of Professor Mohammad Taqi Shahidi, focusing primarily on the topics of “loan usury” (Riba al-Qardh) and “banking jurisprudence.” Published in collaboration with the “Office of Contemporary Jurisprudence of Islamic Seminaries,” this work employs an Ijtihadi approach (independent legal reasoning to derive rulings from primary Islamic sources) founded upon precise subject-matter identification to elucidate the complex nature and rulings of money within the contemporary economic system.

Based on its established scientific structure, the second volume of this collection is organized into three main chapters:

  • Chapter One: A critical presentation and examination of jurisprudential solutions for overcoming the challenge of loan usury.
  • Chapter Two: A jurisprudential and foundational (Usuli) analysis regarding the permissibility or impermissibility of utilizing legal stratagems (Hiyal) to circumvent Riba.
  • Chapter Three: An analysis and examination of the maxim “Prohibition of profit without bearing liability” (Nahy ‘an Ribh Ma Lam Yudhmin), centered on the jurisprudential views and foundations of Ayatollah Seyyed Mahmoud Hashemi Shahroudi.

Previously, in the first volume of this collection, the theoretical foundations and jurisprudential rulings of money were thoroughly analyzed. Core themes such as the “nature of money,” “whether its financial value is conventional (I’tibari) or intrinsic (Haqiqi),” “an analytical examination of whether money constitutes a document or an asset,” “liability for the depreciation of money (inflation),” “Khums on inflation,” “Zakat on money,” “the calculation of money in blood money (Diyat),” and “monetary usury” were among the fundamental topics addressed in the first volume.

The Importance of Subject-Matter Identification of Money in Economic Jurisprudence

From the perspective of jurisprudential methodology, the substantive evolutions of money necessitate that the issuance of any jurisprudential and legal ruling regarding it be contingent upon a precise and comprehensive understanding of the modern nature of this phenomenon. The book “The Jurisprudence of Money” represents a scholarly endeavor to respond to this methodological requirement, aiming to pave the way for resolving newly emerging issues (Masa’il Mustahdathah) in economic and banking jurisprudence by bridging precise subject-matter identification with Ijtihadi deduction.

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