비교법적 관점에서 이자 금지에 관한 원전의 해석과 법적 분석

Discipline on human behavior in Sharia is described as prohibition in terms of religious guardianship. Prohibiting drinking or gambling, and banning interest, are typical examples. Among them, the ban on interest is considered to be the core of Islamic finance. There has been a lot of discussion about it because it was perceived as an essential element of finance rather than as a mere representation of greed. Interest was forbidden in both the Old Testament and the Quran. The reason for banning interest was basically the same. This is because it was considered as a unilateral and predatory gain from the creditor's side, not a correlation of risk and reward between the creditor and the debtor. However, the ban on interest on heathens differed between Judaism and Islam, depending on the interpretation of the original text. Although interest was prohibited, it was already regarded as an essential element of commerce. Therefore, it was necessary to clarify the allowed profit and the prohibited interest, and accordingly efforts were made to refine the interpretation of the original text. The direction for it was that the creditor and the debtor bear the risk of loaning together. In particular, Sharia has created a legal fiction to circumvent the interest ban in the original text. From a comparative perspective, this shows the heteronomous characteristic of Sharia, which places the absolute authority on the original text.