Legislation Review

Evaluations and Proposals for the Draft of the Interest-Free Finance Law: An Evaluation According the Islamic Economic Principles

Volume: 3 Number: 2 December 29, 2017
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Evaluations and Proposals for the Draft of the Interest-Free Finance Law: An Evaluation According the Islamic Economic Principles

Abstract

In this study, it has been focused on the Interest-Free Finance Law Draft proposed by the BRSA (Banking Regulation and Supervision Agency). First, we have tried to evaluate the draft according to the principles of Islamic economics. Then we put forward our critics, proposals and recommendations to the authority of The BRSA. It has been emphasized that new changes should take place gradually not suddenly. Therefore, new models should be developed and implemented and new successful model should be shown and advised to the entrepreneurs. Ication an example of different and new formation must first be demonstrated. It has also been pointed out that an Interest-free application had started back in Medina in 10 Hijri (Gregorian 631) which was revealed in the last verses of the Qur'an about interest (Bakara/276-281). Muslim scholars have developed many interest free instruments like salam as alternatives for interest system (riba) throughout Islamic history. As well-known salam system (payment in advance as credit for defined goods and delivered in pre- determined time and place) was implemented during the time of our Prophet Muhammad as an alternative credit mechanism. It has also been determined that without producing solutions with economic institutions and enterprises, the Islamic economic system cannot be established with an interest-free finance alone. Interest, from an economic point of view, is defined as a profit without bearing risk of trade   activities. One of the main principles of Islamic economics is cost/ profit sharing. Whoever makes profits should bear risk too. The articles in the draft are evaluated, criticized and made some suggestions for the authorities of the BRSA.

References

  1. Bayındır, Abdülaziz, (2015) İslâm’da Faiz Mefhumu ve Unsurları, Para Faiz ve İslam, Tartışmalı İlmi Toplantılar Dizisi İslami Bilimler Araştırma Vakfı Yayınları İstanbul. Ersoy, Arif, (1986), İktisadi Müesseseleşme Tarihi İktisadi Kalkınmanın Tarihi Seyri, (Doçentlik tezi) Akevler Akdeniz Bilimsel Araştırma Merkezi Yayınları, İzmir.
APA
Akdemir, S. (2017). Faizsiz Finans Kanun Taslağına Yönelik Eleştiri ve Öneriler: İslam İktisadı İlkelerine Göre Bir Değerlendirme. İslam Ekonomisi Ve Finansı Dergisi (İEFD), 3(2), 162-186. https://izlik.org/JA24TY76DN