An Outlook onto the Interest-Free Housing Financing Systems in Turkey through the Financial Legal Stratagems Axis

Financial legal stratagems have continued to be one of the areas of preoccupation of the fuqahā since the early stages of the substantive fiqh stratagem. These stratagems aim to find a legitimate solution to the interest ban by associating a loan contract with an exchange contract. These stratagems,...

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Main Author: Sefer Korkmaz
Format: Article
Language:Arabic
Published: Istanbul University Press 2021-03-01
Series:İslam Tetkikleri Dergisi
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Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DB6CB37FB7064AB098B849960AF45066
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author Sefer Korkmaz
author_facet Sefer Korkmaz
author_sort Sefer Korkmaz
collection DOAJ
description Financial legal stratagems have continued to be one of the areas of preoccupation of the fuqahā since the early stages of the substantive fiqh stratagem. These stratagems aim to find a legitimate solution to the interest ban by associating a loan contract with an exchange contract. These stratagems, which took an institutional guise during the Ottoman period, have preserved their actual value until today. This study, tried to prove that the activities of some of today’s interest-free financial institutions in the context of housing finance are largely based on the same financial stratagems. What makes our study different is that, contrary to the negative attitude in current academic studies, these stratagems can be a very functional solution to the interest prohibition when they are implemented with a good institutional mechanism. The stratagems of participating banksand savings institutions in the field of housing finance, which operate primarily in Turkey and have a wide place in the society; were examined to make a concrete claim. Then, current evaluations of these stratagems were discussed. Finally, some solutions were proposed by pointing out the potential functionality of fiscal methods for providing interest-free financing.
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spelling doaj-art-90af274a935c4babbd5046a025f312e22025-08-20T02:58:40ZaraIstanbul University Pressİslam Tetkikleri Dergisi2717-69672021-03-0111130932810.26650/iuitd.2021.871746123456An Outlook onto the Interest-Free Housing Financing Systems in Turkey through the Financial Legal Stratagems AxisSefer Korkmaz0https://orcid.org/0000-0001-9718-179XTokat Gaziosmanpaşa Üniversitesi, Tokat, TurkiyeFinancial legal stratagems have continued to be one of the areas of preoccupation of the fuqahā since the early stages of the substantive fiqh stratagem. These stratagems aim to find a legitimate solution to the interest ban by associating a loan contract with an exchange contract. These stratagems, which took an institutional guise during the Ottoman period, have preserved their actual value until today. This study, tried to prove that the activities of some of today’s interest-free financial institutions in the context of housing finance are largely based on the same financial stratagems. What makes our study different is that, contrary to the negative attitude in current academic studies, these stratagems can be a very functional solution to the interest prohibition when they are implemented with a good institutional mechanism. The stratagems of participating banksand savings institutions in the field of housing finance, which operate primarily in Turkey and have a wide place in the society; were examined to make a concrete claim. Then, current evaluations of these stratagems were discussed. Finally, some solutions were proposed by pointing out the potential functionality of fiscal methods for providing interest-free financing.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DB6CB37FB7064AB098B849960AF45066housingsavingparticipationmurabahamusharakah
spellingShingle Sefer Korkmaz
An Outlook onto the Interest-Free Housing Financing Systems in Turkey through the Financial Legal Stratagems Axis
İslam Tetkikleri Dergisi
housing
saving
participation
murabaha
musharakah
title An Outlook onto the Interest-Free Housing Financing Systems in Turkey through the Financial Legal Stratagems Axis
title_full An Outlook onto the Interest-Free Housing Financing Systems in Turkey through the Financial Legal Stratagems Axis
title_fullStr An Outlook onto the Interest-Free Housing Financing Systems in Turkey through the Financial Legal Stratagems Axis
title_full_unstemmed An Outlook onto the Interest-Free Housing Financing Systems in Turkey through the Financial Legal Stratagems Axis
title_short An Outlook onto the Interest-Free Housing Financing Systems in Turkey through the Financial Legal Stratagems Axis
title_sort outlook onto the interest free housing financing systems in turkey through the financial legal stratagems axis
topic housing
saving
participation
murabaha
musharakah
url https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DB6CB37FB7064AB098B849960AF45066
work_keys_str_mv AT seferkorkmaz anoutlookontotheinterestfreehousingfinancingsystemsinturkeythroughthefinanciallegalstratagemsaxis
AT seferkorkmaz outlookontotheinterestfreehousingfinancingsystemsinturkeythroughthefinanciallegalstratagemsaxis