الثلاثاء , يونيو 25 2024

Currency change and its effect on debt payment in Hanafi jurisprudence and Afghan civil law – a comparative study –

تغییر النقود وأثره فی سداد الدیون فی الفقه الحنفي والقانون المدني الأفغاني – دراسة مقارنة –

The issue of changing the currency was addressed by the ancient jurists according to what the situation was like in their time. This change was simple and did not constitute a serious danger to the economy at that time, due to their reliance in the first place on gold and silver, which were often characterized by stability. Today, however, it has become an issue of change. There is no value Money poses a serious threat to the economy, because banknotes are not characterized by stability, but by change, and this is what makes the problem of changing the value of banknotes difficult.

In my research, I talked about the definition of money, its importance, types and functions, and the change in the value of money and its impact on repaying debt in the light of Hanafi jurisprudence and Afghan civil law, using the deductive approach, by collecting the opinions of Hanafi jurists regarding issues of changing money.

According to jurists, there are two types of money: natural money and legal money, and the forms of money change according to political and economic facts and events, including commodity money, paper money, and bank money. The importance of money is highlighted through the number of functions it performs to facilitate transactions between individuals, and perhaps one of its most important functions is that it is a measure A For value, this function requires money to have a degree of constancy and stability. Also, changing the currency and its invalidation by the state has effects on obligations and debts that require treatment, so this issue needs to be investigated.

Through this research, I have come to the conclusion that if the loan is of real money, such as gold, silver, or commodities, then it must be returned in kind, no matter how the prices change. However, if the debt is of banknotes, then its value must be paid, even if the value of the currency inflates in the market.

Keywords: Money Change, Debts, Hanafi Jurisprudence, Afghan civil law

Dr. Ihsanalhaq NIAZI, Professor of Al-Masharik, Department of Jurisprudence and Law, Barwan University, Barwan Province – AFGHANISTAN

Lal Mohammad SHIRZAD, Professor Mosaed, Faculty of Law, Department of Jurisprudence and Law, Barwan University, Barwan Governorate – AFGHANISTAN

Abdul raouf FARZAM, Professor Mosaed, Faculty of Law, Department of interpretation and Hadith, Barwan University, Barwan Governorate – AFGHANISTAN

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