Punishment for usurpation
Usury, as a financial and economic crime, has attracted the attention of societies from a legal and moral point of view. The term usury refers to the borrowing of money or property on terms that add interest to the principal amount. This agreement is made by the parties to add interest to the principal amount of the loan, the main condition of which is agreement to increase the interest. This implies giving the usury amount by the usury recipient and receiving it by the other party. This concept is mainly seen in transactions related to money lending and profit generation. Here, the concept and types of usury, its economic effects, legal and economic attitudes, and strategies to combat usury are comprehensively reviewed.
Punishment for usury is a sensitive issue that has been raised from the past until today and is still effective. In this context, there are people who take advantage of the weakness or needs of the other party to benefit themselves and to the detriment of others. Usury is an act that disturbs the balance and fairness in economic and commercial affairs and is clearly considered haram in Islam.
In order to deal with this polluted phenomenon, Article 595 of the Islamic Penal Code has determined severe punishments for the perpetrators of usury. This punishment includes imprisonment for a period of 6 months to 3 years, 74 lashes, as well as confiscation of property and payment of a monetary penalty equal to the amount of usury. Usury crime is the responsibility of the competent court of the public prosecutor’s office where the crime occurred, and the prosecutor, as the public prosecutor, pursues the complaint in these cases. Since the crime of usury is extremely serious and its negative effects on the social order are possible, legal punishments are enforced with insistence.
Examples of the crime of usury
Usury is known as one of the financial and economic crimes, which usually seeks to deviate from the principles of fairness and balance in financial and economic transactions. In this context, people make agreements in which one side of the transaction, by receiving an equivalent in kind or amount, receives an additional kind or amount from the other side at the time of return. This type of exchange is known as “usury” and is officially punished as a financial and economic crime.
Types of usury
:Riba has two different types that are very critical and sensitive in the field of financial and economic issues. These two types of usury are
Loan usury: In this type of usury, one party receives interest (profit) from the other party on terms or as usual in economic matters. In simpler terms, the borrowing party pays an additional amount called interest to the principal amount of the loan (loan).
Transaction usury: In this type of usury, the transaction between two parties competes with inequality and heterogeneity. One side delivers the transaction amount, but on the other side, receives an equivalent transaction amount mismatch. This inequality in the transaction is known as transaction usurpation.
As an example of usury, imagine that a person trades 10 kilos of grade 1 rice for 20 kilos of rice of the same grade. Here, the requirements are the same for both parties, but the relative difference in the value offered causes an unequal exchange. These examples show examples of usury and extortion of transactions that are of legal and moral concern of societies. Finally, this legal approach and punishments, as well as the need to deal with usury crimes by competent courts, are very important in order to achieve fairness and maintain social order.
Elements and elements of the crime of usury
In the Islamic Penal Code, the punishment for the crime of usury is carefully defined and described. This crime benefits from two elements:
The legal element of usury:
Article 595 of this law states that any agreement based on various contracts such as sale (sale and purchase), loan and loan, peace and similar transactions, in such a way that one party trades a kind or an amount with an additional condition to the same kind or amount or receive an amount more than the amount paid, it is considered usury and a crime. Offenders, whether usurers or usurers, and even the intermediaries between them, face heavy punishments, except for the rejection of the extra property. This punishment includes imprisonment for 6 months to 3 years, 74 lashes and payment of a fine equivalent to usury.
:The material element of usury
The material element of the crime of usury includes receiving and paying double amounts with an agreement made between the parties of the crime. This financial exchange in usury deals turns crime into reality, which results in wrongful conversion of property or money.
:The spiritual element of usury
The spiritual element of the crime of usury includes malice in two stages. First, the general bad intention, which means the intention to carry out the transaction and usury contract. Second, specific bad faith, which includes obtaining benefits through additional conditions in transactions or receiving an excess amount from the amount paid in loans. In general, the Islamic Penal Code clearly defines and explains the crime of usury and takes measures to strengthen fairness and balance in economic transactions.
Types of usury according to existing laws
Usury transactions refer to transactions in which an agreement is made to receive an additional amount compared to the amount borrowed, for example, in contracts of sale or exchange, in writing or verbally. Such transactions are void for the additional amount and disputed for the original amount due to the violation of the legitimacy condition for the transaction. Some people believe that the transaction is void compared to the original. The concept of usurpation is not specific to sale and includes all types of transactions and exchanges, including peace, gift of compensation, conditional release and similar cases.
In usury transactions, it is necessary to receive an additional amount in the form of a property such as a house, a car, a significant amount of cash, etc. If the parties agree on a non-financial condition, this action is not considered usury. For example, if a person agrees to the condition of employment in exchange for a sum of money, this agreement is not considered usury.
In addition, if the recipient of riba receives additional interest from the money that belongs to him jointly with others, riba is not realized. Because he cannot pay usury to himself and the joint property does not belong to him alone. In this case, it is impossible to demand usury. These principles and limitations based on existing laws regarding usury highlight its legal and moral importance.
Exceptions to the crime and punishment of usury
In the situation where the owner of the usurious property has not been identified, this property is known as the property of unknown owner and the responsibility of managing it is determined by the legal guardian. On the other hand, if it is proven that the usurer was in distress and had to perform this action in an emergency at the time of paying money or adding money as additional interest, he will be exempted from the penalties of the article.
Also, if a usury contract is concluded between father and son or husband and wife, or if a Muslim receives usury from an infidel, these people will not be subject to the provisions of this article. These regulations are set with the aim of maintaining moral principles, justice and balance in the implementation of laws and are important in the context of maintaining fairness and differences in matching with kidnapping laws.
Necessary documents to prove usury
To prove the crime of usury, you need many documents and evidence that may include various documents. Below are some of these documents and evidence:
Financial documents: Financial documents such as checks, promissory notes, and transaction invoices can be helpful. These documents may contain information about amounts paid and received that will help prove usury.
Testimony of witnesses: Witnesses who have witnessed the operation of kidnapping can testify. These witnesses must testify in court and explain how the kidnapping transaction took place.
Written Correspondence: If there is an exchange of written correspondence between the parties to the kidnapping, it can be used as useful evidence.
Bank documents: If the extortion transactions were made through bank accounts, the documents related to these accounts and transactions can be used as useful evidence.
Evidence of property valuation: Evidence showing the value of the transaction property can be used to prove usury.
Note that proving the crime of usury may be time-consuming and detailed due to the legal complexities and problems that exist in this field. It is important to research and prove cases related to the crime of usury with the help of a lawyer specializing in this field and make your demands.
Seizure of property in the crime of usury and usury
In transactions subject to the crime of usury or usury, when property or assets flow in excess and, more precisely, turn into objects such as a house, car, a significant amount of cash, etc., this act is considered usury. This perception is because in this type of transactions, agreements are made in an unfair and excessive manner, which leads to improper exploitation of property. As a result, the law may allow the seizure of traders’ property in order to compensate for the crime of usury.
According to these legal orders, confiscation of property is done as a fine or compensation for the crime of usury. This seizure is carried out as a legal measure for the implementation of the economic and financial law and prevents violations in this field. On the other hand, if the parties make an exploitation agreement based on non-financial conditions, property seizure will not be carried out in this case, and transaction agreements will not be subject to depreciation and usury. This fundamental difference between these two types of transactions shows the importance of maintaining balance in economic transactions and the need to comply with financial and legal regulations in conducting economic transactions.
Usury transactions
Usury transactions are one of the important legal and moral issues, which literally have harmful effects on societies and individuals due to their illegitimacy and non-Sharia. In this type of transaction, two parties agree that one of them grants an amount as a loan, and in return, the other party is required to repay an amount greater than the amount of the loan.
For the best understanding of this situation, we can refer to an example: suppose someone lends to another person on the condition of repaying the loan amount with a certain interest, but the other party does not fulfill the duty of payment. Here, it is not possible to oblige the debtor (another person) in court because such transactions are illegal and legally void.
The concept of usury is one of the concepts that is widely known in societies and in religious terminology, its prohibition is emphasized and its negative consequences are explained. This term refers to the contradiction with the concept of God’s existence in human transactions. In Islamic societies, usury is considered prohibited and there are regulations to prevent it in the relevant financial and economic laws.
In addition, in these transactions, they also use synonymous terms such as interest, decline, profit, etc. In fact, there are various contexts in which the concept of usury and its related explanations are used. These differences and explanations seek to emphasize the prohibition of usurious transactions and the promotion of moral and legal principles in society.
Important points about usurious and bearish transactions
Usury and bearish transactions are among the issues that have wide-ranging legal and ethical implications. In this regard, the following points are important:
Coercion and emergency: If a person enters into a usurious transaction due to coercion or emergency and receives usury, only he is considered guilty.
Family transactions: In cases where usurious transactions are made between close family members such as father and child or couples, none of the parties are considered as offenders.
Religious significance: If a Muslim receives usury from a non-Muslim, according to religious principles and laws, the Muslim is not recognized as a criminal.
Criminal liability: In determining the punishment in usury transactions, the law does not make a difference between the persons who are involved in committing the crime of usury or who have acted as intermediaries.
Financial settlement: If a person who has received an amount from the lender voluntarily returns the excess amount to him voluntarily and without coercion, this action will be exempted from the ruling of usury.
Partnership transactions: In transactions in which both parties share the profit and loss of a transaction, the transaction is not considered usury.
Property ownership: In usury transactions, it is essential that the usurious property belongs to the parties to the transaction; If the property belongs to a third party or is used by a third party, the act will not be considered usury.
Criminal responsibility: From a legal point of view, only natural persons are criminally responsible for carrying out usurious transactions, and a legal person cannot be prosecuted in this field.
Illegal nature: Due to the illegitimacy of usurious transactions, they are withdrawn from transactions illegally and if the parties do not fulfill their obligations, they are not legally enforceable.
Differentiation with mudarabah contract: sometimes mistakes arise between usury and mudarabah contract; These two have similarities in reality, but their difference lies in different conditions, and to avoid mistakes, we must
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