Abstract

Exchange of Monetary Debts

(Comparative Jurisprudential Perspective)

Dr. Ayman Mustafa Hussein al - Dabbagh

This research aims to answer many questions: what is meant by Exchange of Monetary Debts? What are the Islam jurists’ views in the matter? What are these views foundations? What is the right opinion in it from our view according to Islam jurisprudence bases? The research followed inductive, comparative, and analytic approach represented in gathering Islam jurists’ views in the matter and their foundations with analysis, discussion and criticism. The search was divided into four sections; dealing with the aspects of the matter.The search concluded that: It is permissible to exchange monetary debts. It is necessary, in three cases, to comply with the arithmetic average of the declared upper and lower bounds of official exchange rate when conducting exchange: the first is if some of the exchanged monetary debts  matured, and others did not. The second is if all of the exchanged monetary debts did not matured, the third case is if the exchange is a partial exchange, in which some of debts remain for one of the parties on the other.

Title

مجلة الشريعة والقانون

Publisher

جامعة الإمارات العربية المتحدة

Publisher Country

United Arab Emirates

Publication Type

Prtinted only

Volume

30

Year

2016

Pages

39