چکیده:
One of the teachings of Islam is the institution of Qard al-Hasan, and according to traditions, Qard al-Hasan has a reward higher than charity (Sadaqah). This institution has had an evolutionary course throughout Islamic history, sometimes in the form of personal loans, and sometimes in the form of domestic, local, and regional Qard al-Hasan funds. After the revolution and the approval of the Law of Interest-Free Banking Operations, it entered the banking sector, and banks allocated part of their resources to Qard al-Hasan, and today there are banks operating as Qard al-Hasan banks. According to the consensus of Islamic jurists, any condition of usurious increase in a loan contract is considered Riba. However, the question is whether banks and Qard al-Hasan funds, which incur costs such as personnel, administrative, advertising, etc., in performing the process of granting Qard al-Hasan, can receive an amount as an operational fee. A group of jurists, citing traditions that consider any condition of increase in a loan contract as an instance of Riba, consider receiving a fee to be prohibited. In contrast, another group of jurists, citing other traditions, consider only the taking of benefit as Riba and do not consider the stipulation of a real fee as an instance of Riba. Of course, this group emphasizes that the fee should not exceed the operational cost of Qard al-Hasan, the precise implementation of which creates challenges for the banking system. This research examines and clarifies the jurisprudential foundations and ontology of Qard al-Hasan fees and, by analyzing the nature, actual amount, method of calculation, and collection of fees, describes the subject from various aspects and provides suggestions for drafting a fatwa from Maraji' al-Taqlid regarding the principle of permissibility, scope, and method of collecting fees.
خلاصه ماشینی:
According to the consensus of jurists of Islamic schools of thought, stipulating any kind of financial increase in a loan contract constitutes usury (Riba); however, the question is whether banks and Qard al-Hasan funds, which incur costs such as personnel, administrative, advertising, etc.
Malekrimi Khozani (2011) in a section of the article "Jurisprudential Examination of Taking Fees and Granting Facilities on the Condition of Depositing in Qard al-Hasan Funds" addressed the collection of opinions from the Grand Maraji' (sources of emulation) regarding the permissibility or prohibition of receiving fees for Qard al-Hasan facilities.
Article 17 of the Regulations of Chapter Three of the Interest-Free Banking Operations Law (Resolution No. 88620 dated 1984/01/02 of the Council of Ministers): The costs of paying Qard al-Hasan in each case shall be calculated based on the instructions of the Central Bank of the Islamic Republic of Iran and shall be collected from the borrower, and the Qard al-Hasan commission rate in Article 8 of these instructions is as follows: Article 8: The commission received by banks for the Qard al-Hasan granted in cases of clauses A and B of Article 2 is determined at a maximum of 0.
Given that the commission received for the granted Qard al-Hasan is for the costs incurred by the bank to prepare and allocate Qard al-Hasan resources, and the borrower has accepted to pay it in addition to the loan amount, it is considered part of their certain debts and, in case of delay in payment, shall be subject to the penalty (Wajh al-Iltizam).
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