Loan restrictions: According to Ibn al-Naqib al-Masri (d. 769 AH) in his book “Umdat al-Salik wa Uddat al-Nasik” (A Comparative Jurisprudential Study)

Abstract

    This research is based on studying the jurisprudential restrictions related to the loan. The loan is the ownership of something on the condition that its equivalent is returned, or it is the payment of money as a favor to someone who benefits from it and its equivalent is returned to him. Because the loan is one of the contracts of favor between people and because of the frequency of dealing with it, many jurisprudential innovations have emerged that fall under the term loan. However, when looking closely at it and examining it in a jurisprudential manner and extrapolating the intent of dealing with it, it becomes clear to the researcher that this contract has changed from a loan that the Shari’a encouraged dealing with to strengthen the bonds of brotherhood and to achieve social solidarity between people to a forbidden usurious contract that the Shari’a forbade. Therefore, the researcher studied the restrictions related to the loan that Imam Ibn al-Naqib al-Masri mentioned in his book Umdat al-Salik and Uddat al-Nasik, in an inductive manner for the topic of the loan, and knowing that jurisprudential restriction