چکیده:
Today, the central bank and many banks in the country interact with foreign banks and international institutions.Considering that the conventional banking system is based on interest rates - that is, loan usury - and they are not obliged to observe the frameworks of Islamic law in their activities, interaction with such banks will inevitably place the bank in the vicinity of divine prohibitions; Unless the mentioned interaction is defined in the framework of jurisprudential principles.For this purpose, in the present article, which has been done by analytical-descriptive method, rules and regulations for the interaction of the central bank and the country's banks with foreign banks and international institutions have been extracted;Including: the rule of negation of the mustache; The sanctity of strengthening infidelity, the rule of obligation, the permission to abstain from the property of a military infidel, the permission to receive usury from a military infidel; And in each case, adaptations are mentioned.According to the rules and regulations, banks are also divided into several categories to pay attention to the relevant rules and regulations for interaction with each category.Finally, examples of interaction of the country's banks with foreign banks and international institutions are listed that the aforementioned rules and regulations can be effective in the type of interaction.
خلاصه ماشینی:
Jurisprudential foundations of the interaction of the banking system of the Islamic Republic of Iran with foreign and international banks and institutions Mehdi Khatibi * Received date: 1400/03/05 Acceptance date: 1400/08/23 The article was with the authors for revision for 2 days.
To this end, in the present article, which has been conducted using an analytical-descriptive method, rules and regulations for the interaction of the Central Bank and the country's banks with foreign banks and international institutions have been extracted, including: the rule of Negating a Way (Nafi al-Sabil), the prohibition of strengthening disbelief (Kufr), the rule of Obligation (Ilzam), the permissibility of rescuing the property of a Harbi disbeliever, and the permissibility of receiving usury from a Harbi disbeliever; and in each case, applications have been mentioned.
Finally, examples of the interaction of the country's banks with foreign banks and international institutions are mentioned, where the aforementioned rules and regulations can be influential in the type of interaction.
But sometimes the terms of the peace treaty were that their land would remain in their own possession; naturally, the government and administration of that land were the responsibility of the kafirs, and observing Islamic outward appearances was not necessary; in this case, the jizya contract was concluded between the Islamic state and the government ruling that land (Ibn Idris, 1410 AH, Vol. 1, p.
Similarly, if in an Islamic country that is in conflict with us, there is a bank belonging to non-Muslims, and it cooperates with the aforementioned government in conflict, it will have the ruling of a hostile non-Muslim, meaning a Harbi disbeliever.
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