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Abstract
The evolution in the commission of usury has led to specific forms of this crime that necessitate a re-evaluation and analysis of its constituent elements. In this new manifestation of the crime, referred to in this research as "gradual usury," the lender, pursuant to an agreement with the borrower, pays various amounts in successive stages, while the borrower repays the lender in fixed or non-fixed installments over a specified period. Beyond the nature of individual payments and whether they maintain their descriptive independence or are integrated into the initial agreed-upon total, this issue has emerged as a challenge due to the real value of funds, continuous economic fluctuations, and their subsequent impact on the borrower's net proceeds.From a theoretical perspective, due to the restriction of conduct to the mere agreement under Article 596 of the Islamic Penal Code, it appears that the payment and repayment of funds, as well as the multiplicity of installments, do not influence the fulfillment or non-fulfillment of the crime. Conversely, contrary to theoretical discourse, judicial precedent—by invoking fundamental principles of criminal law, the objective theory of the commencement of criminal acts, and the "Hadith al-Raf'" principle (to avoid the criminalization of thoughts that have not yet manifested)—has deemed the borrower's repayment of an amount exceeding the initial sum received as a necessary condition for the crime. Consequently, a divergence is observed between theoretical foundations and judicial practice. Regarding economic benefits... [the text provided is incomplete here] ...its potential in light of currency devaluation is considered prosecutable and punishable as usury in both theoretical and judicial frameworks, emphasizing the generality of this crime and the absence of specific legislation regarding the outcome of profit or loss, regardless of the lender's gain or loss.
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