An Examination of Juristic Perspectives and the Elaboration of a View Consistent with Iran's Monetary and Banking Framework

Document Type : Research Article

Authors
1 Department of Jurisprudence and Private Law, Faculty of Sciences and Education, Al-Mustafa Al-Alamiyah University, Qom, and a graduate of Private Law, Islamic Azad University, Tehran Central Branch, Iran
2 Master's student, Department of Law and Judicial Sciences, University of Judicial Sciences and Administrative Services, Tehran, Iran
3 Associate Professor, Private Law Group, Faculty of Law, Qom University, Qom, Iran
10.30497/ifr.2026.249052.1995
Abstract
Introduction and Objective: The transformation of money from commodity forms to credit money has created new challenges in Islamic commercial jurisprudence and banking. Money now stands at the center of financial obligations, liability, and economic regulation. Understanding its juristic nature is therefore essential for deriving rulings on loans, usury (riba), liability, and compensation for depreciation. Divergent views on purchasing power and nominal value indicate subject-matter ambiguity. This study aims to clarify the juristic nature of credit money and formulate a coherent theory compatible with the jurisprudential foundations of the Islamic banking system. Its innovation lies in distinguishing between “property” and “property value,” resolving the confusion between fungible and non-fungible classifications, and presenting a juristically applicable framework.

Materials and Methods: The research adopts a descriptive–analytical method with a jurisprudential approach. Data were gathered from juristic, legal, and scholarly sources, and theories on the nature of money were analyzed in light of Islamic commercial jurisprudence and Iran’s legal–banking structure.

Findings: Credit money is not merely a document or nominal number; rather, it is a customary and legally recognized credit-based property functioning as a means of discharging obligations. Purchasing power is an attribute of value, not its essence. This preserves the fungible nature of money while allowing consideration of severe depreciation within liability rules and the principle of preventing harm.

Discussion and Conclusion: The theory of “credit-based discharging property with purchasing power as an attribute” offers a precise juristic explanation of modern money, avoids conflating property with value, resolves the fungible/non-fungible tension, and aligns with Islamic non-interest banking principles.
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  • Receive Date 05 October 2025
  • Revise Date 03 July 2026
  • Accept Date 01 June 2026