Legal Benefit: A Comparative Study between Legislation and Islamic Jurisprudence


  •  Shams El-Din Qassem Al-Khazaleh    

Abstract

The study dealt with the legal benefit in both: the legislations, specifically the Jordanian law, and the Islamic jurisprudence through the jurisprudence magazine. The study dealt with how to deal with the legal benefit in these legislations to reach the result of a discrepancy between these legislations and Islamic jurisprudence, it concluded that what is stated in Islamic jurisprudence is the best to apply. Results also showed the following:

  • the Jordanian legislator did not provide for taking it into any of the unified or dual legal systems if the work is mixed, which caused a difference in the provisions of the judiciary
  • The texts related to interest in Jordan are texts distributed between the Ottoman Murabaha system, the law of usury, the Jordanian trade law, the law of the Central Bank of Jordan, the Jordanian civil law and the Jordanian Code of Civil Procedure.
  • All of the laws referred to above allow for the application of interest except the Civil Code, as article 640 states that: "If the loan contract provides an additional benefit to the contract, it is only to document the lender's right to the condition and validity of the contract", that is, the interest rate in loans is not considered.

The provisions of the special laws referred to in respect of interest are applicable, without regard to the title of either party to the contract (that is, whether a trader or a non-trader), without regard also to the transactions of the parties to the contract by commercial transactions or related to the merchant's business needs or not related to those transactions especially considering some of the provisions of these special laws acts of banks as a commercial operation of banks and their customers.



This work is licensed under a Creative Commons Attribution 4.0 License.
  • Issn(Print): 1913-9047
  • Issn(Onlne): 1913-9055
  • Started: 2008
  • Frequency: quarterly

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Google-based Impact Factor (2017): 1.84

h-index (2017): 14

i10-index (2017): 39

h5-index (2017): 9

h5-median (2017): 11

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