جستجوی مقالات مرتبط با کلیدواژه « جبران کاهش ارزش پول » در نشریات گروه « علوم انسانی »

The discussion of inflation, devaluation of money and how to compensate for it, is one of the discussions of the scientific, jurisprudential and economic circles. Economists seek to curtail it and the jurists seek to explain the jurisprudential rulings attributed to this phenomenon. The best way to determine the jurisprudential rulings of money and its issues in Islamic economics is to base it. On the other hand, it is a prerequisite for the resolution of the basis of these rulings and the issues of rigorous analysis of the nature of money. This research, using a descriptive-analytical method with difficulty knowing the jurisprudential results of the two theories of "‘Itibari Purchasing power" and the "nominal value theory", presented a third theory of "‘Itibari property". The government guarantee and the reasons for the firm responsible for and shall pay the unfailing restoration and compensation, and given that this loss and waste in the long term in the context of the increase in nominal wages, salary compensation has been fixed at In the short term, this repair will not take place, the jurisprudential ruling of the compensation for the devaluation of money for long-term and short-term debts between people is different.

Analyses on the Judicial Precedent regarding the Claims for Delay Damages of Currency Payment AbstractFollowing the currency crises of 1993, 2002, 2012 and the recent foreign exchange crisis and the non-fulfillment of currency obligations in due time is the claim for a delay in payment of foreign currency which is one of the most complex and prevalent claims today. The judicial precedent in this regard is not established and is open to contrasting views. The origin of the dispute results from the nature of the currency obligations and its non-prevalence. One stated comment (as the dominant view) suggests that the common currency mentioned in Article 522 of the Civil Procedure Code for Public and Civil Revolutionary Courts has been dedicated to the domestic currency money and does not include any foreign exchanges and the other opinion would suggest that this lawsuit is actionable. The same dispute exists in respect with the private agreement on determining the delay damage of payment obligations (including currency and Rial). In view of the undeniable exchange role and value of the currency in economic activities and the need to support foreign investment, It is essential to legally examine and review this claim and its reasons and justifications. It seems that the Article 522 of the mentioned law, which is cited by the courts, seeks to govern the purchasing power of the money and does not include the determination of the contractual monetary obligation and the delay damage in payment in its strict sense, and in light of the legal citations and documents which approve of the claim in delay damages of payment and its basic philosophy, it is possible to hear the claim and decide upon it in favor of the on the payment in foreign currency for the delay damages in payment.

The opponents of this plan believe that in paying debts the nominal value of the money should be considered not its real value. The most important reasons of this group are the fungibility of the money, the problem of usury and… Those who agree with this planalso invoke to the rule that “In Islam there is no injury or malicious damage” and the necessity of observing justice and equity and believe that if the decrease of the value of money is too much, certainly the debtor will be discharged from the viewpoint of the common law when he pay the real value of the money.

Islamic Azad University with quarter of a century activities and about 270 branches and educational centers in Iran and abroad, and with more than 50% of all students in the country, has had an effective and noticeable role in improving level of high education.This large scientific institution, has been financing recourses by tuitions, transfer payments (people and organizations) and other resources without helping of the government, is serving students, personnel and instructors. Financial Loans are such services that allocated for students, instructors and personnel at university. These loans need contracts which shouldn’t be usury and should adjust Islamic contracts, In this research by definition and description of usury and inflation, survey the ideas about (Compensating Devaluation of Money (CDM) and "piece wages", we suggested two applicable model for accounting piece wages and CDM. At the end, according to no usury banking law described the last method to avoid usury contracts.

Inflation is an undesired and economically culturally, and politically destructive phenomenon. Almost all types of banks deposits are vulnerable against this problem. In an inflationary environment, if the purchasing power is not taken into consideration on repayment of deposits, depositors will suffer a substantial loss resulting to a fall in savings, investment, production and public welfare and an inefficient employment of saving which deepen the inflation more. If, on repayment, the purchasing power of the people is leaved unchanged savings, deposits, investments, and production will increase, depositors’ real profit will become positive and the inflation will be contained making the people well off and leading the society towards achieving the ideal goal of social and economic justice.From a fiqhi perspective, compensating currency depreciation in the form of conventional contracts is illegal. So is there any contract or practical fiqhi consistent solution to compensate the depreciation? Some jurists allow the agreement on compensation under the terms and contracts. The studies suggest that these models are illegal from a jurisprudential point of view. However, to compensate the depreciations of the deposits, following practical solutions are proposed:a) application of Special Drawing Right (SDR);b) Creation of a national value unit;c) Good money standard;d) application of low foreign currency or gold preserve by bank;e) establishing specialized investment companies by banks.If these solutions are consistent with Islamic standards and economically and practically justifiable, they may be employed in the banking system and in public and business financial and monetary relations.