حكم أخذ مقابل التضخم على القروض في الفقه الإسلامي الباحث محمد عادل أبوموزة

Abstract In recent years, inflation rates have risen sharply in several countries — most notably Egypt, Syria, and Turkey — due to wars, government monetary policies, and internal political conditions. This has renewed scholarly interest in the issue of currency value fluctuation and its impact on loan repayment, with contemporary jurists diverging in their views: some hold that repayment must be in-kind regardless of value change, others that it must be based on value, while a third group distinguishes between minor and substantial fluctuations. This study aims to determine the ruling on taking inflation compensation on loans, by referring to analogous issues addressed in classical juristic works, identifying the positions of contemporary jurists and their evidence, and distinguishing between different degrees of inflation. The study employs the descriptive-analytical method, through collecting and analyzing the views of contemporary jurists on the issue, examining and directing their evidence, then weighing between them based on the objectives (maqāṣid) and general principles of Islamic law. The study concludes that rulings on paper currency vary according to circumstance: under conditions of natural inflation or minor fluctuation, paper currency is fully assimilated to gold and silver in its legal treatment, and repayment must be in-kind; whereas in cases of substantial devaluation, repayment must be based on value, as this is the means to achieve justice, fairness, and the removal of harm to the greatest extent possible. Keywords: Inflation, Loans, In-kind/Value Repayment, Maqāṣid al-Sharī'ah (Objectives of Islamic Law).

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