Historical review of hadith Al-Kharaj Be-zaman (Profit against Compensation) and its application in civil jurisprudence

Abstract

one of the Judicial verdicts of the prophet (peace be upon him) which is presented currently as a jurisprudential rule, quoted by Ayesha as “Al-Kharaj Be-zaman (Profit against Compensation)”. Although this prophetic hadith has not been quoted through household, but the content of this concept is in harmony with the chapters of condition of sale and mortgage and Shiite scholars rely on it in transaction chapters. Not paying attention to the historical background of narrations and their implication in jurisprudence of the early period causes that some scholars present new analyses from this narration and relate it with governmental discussions. This article which is historical study, investigates this narration and its implication in civil jurisprudence from the point of view of the Shiite jurists Since Sheikh Tusi to Sheikh Ansari. The result of this historical survey is the rejection of this new analysis.

Keywords

• al-kharaj be-zaman (profit against compensation)
• shiite jurisprudence
• transactions.