Dissertations / Theses on the topic 'Interest and usury (Islamic law)'

The dynamics of our globalised world open the way for international trade and transactions between different countries; this may lead to conflicts in laws where transactions and trade may be subject to different legal systems. One of the biggest issues in international commercial law is disputes over the charging of interest, for example with regard to late payment, interest-based loans, or compensation for damages. Interest disputes are considered to be a complex area of law and even more complex in the international field. At the international level, interest claims may be connected to many areas of commerce and thus governed by various laws, which are different from one country to another; moreover, each country has its own interest rate and such rates are changeable according to the nature of law and economics under some jurisdictions. Furthermore, the concept of interest itself is affected by influences such as religious beliefs and economic, political and cultural trends. Interest can be treated as a substantive or a procedural matter. The settlement of these disputes therefore faces difficulties. Arbitration, as a method for settlement of disputes, is characterised by special features that assist in resolving these issues; but it faces some obstructions, especially in international commercial arbitration. The practices of arbitral tribunals and national courts in this regard are different. The results of different interpretations, approaches, and theories with regard to arbitration, at the pre-arbitration, during arbitration and post-arbitration stages, may also differ widely due to the diversity of financial and legal systems such as Common Law, Civil Law and the Islamic legal system – Sharia Law – across different countries. Each legal system has a different methodology and theories, even within an individual country under one legal system, and a state within a federal system has its own laws, which may have different interpretations in this respect. The New York Convention of 1958 on enforcing foreign arbitral awards was established in favour of arbitral awards and for the purpose of unifying international rules of arbitration. This Convention provides some procedural and substantive rules for the enforcement of foreign arbitral awards, but also provides some grounds for refusal. These rules have been affected by different interpretations under different jurisdictions and legal systems, which lead to different perspectives on the matter of charging interest and settlement by arbitration. The outcome of applying the NYC under these interpretations often has the opposite of its intended effect: the rejection of foreign arbitral awards. Due to such ambiguities, courts occasionally intervene in arbitration in all its stages. The interventions of national courts occur in three stages: enforcement of the arbitration agreement, enforcement of the contract under the applicable law to the agreement, and enforcement of the foreign arbitral award. The confusion between substantive and procedural laws also creates confusion with respect to public policy, non-arbitrability and enforceability. In addition, there may be a lack of clarity on the scope of arbitration with respect to the parties’ agreement, whether or not the parties have agreed to the interest rates and periods and whether or not they have agreed to the authority of the arbitrator. These issues affect the enforceability of an arbitration agreement, the law applicable to the disputed contract, the freedom of parties, the authority of the arbitrators and the enforceability of the awarded interest. The thesis studies how arbitral awards containing interest have been interpreted across the three aforementioned legal systems under the NYC 1958 in Saudi Arabia, Egypt, the UAE, England, France, and the US and the enforceability of such awards.

This thesis investigates the subject of legal stratagems \((hiyal)\) in Islamic jurisprudence, in general and more particularly the \(hiyal\) used to evade the usury \((ribā) \)prohibition. The context of this thesis is the nascent Islamic finance industry in which these \(hiyal\) play a leading role. The \(hiyal\) have been appropriated from the classical Islamic legal corpus without appreciating their historical contextual framework. This thesis seeks to explicate that framework and clarify the purpose and role of those \(hiyal\) as envisaged in the discourse of the classical Islamic jurists. The \(hiyal\) are shown to be premised upon a teleology which demarcates them as normative exits, \(makhārij\). The \(makhārij\) are conditioned by the systematic reasoning of the Ḥanafī jurists, which both justifies their utility and circumscribes their juridical remit. The \(hiyal\) of \(ribā\) are demonstrated to have been utilised primarily as substitutes for philanthropy, and not in the commercial sector. The commercial sector relied on the Islamic prescriptions for equity investment partnerships which precluded the need for interest based loans. Although the jurists sanctioned the \(hiyal\) of \(ribā\) for the poor, they did so at the expense of systematic consistency. This means that these \(hiyal\), as opposed to the \(makhārij\), are not regarded as normative exits, but rather, as transitory concessions. The use of these \(hiyal\) as financial norms is therefore unwarranted. The substantive repercussions of this juridical reassessment were demonstrated using the historical experience of the Ottomans, where the long term use of the \(hiyal\) of \(ribā\) resulted in the negative socio-economic conditions generally associated with usurious economies.

The notion of usury/interest, subsumed under the Arabic term riba and Hebraic neshekh/marbit, has been the center of human attention throughout recorded history, but only as an exclusive economic paradigm subject to toleration, limitation or prohibition. Yet, in a clearly disproportionate treatment, all pristine major world religions consider this "economic act" as the greatest of sins, which, in Islam, additionally attracts the most graphic other-worldly punishments at the extremes of the spectrum. Economic usurpation of greater severity, e.g., theft by stealth and robbery by force do not attract as severe a Scriptural punishment as does "interest-taking" by consent, clearly implying, both scripturally and linguistically, that this seemingly exclusive "economic act" is in fact a sin of greater theological proportions. Yet, casuistry and a non-philosophical approach have so far prevented the extant Judaic, Christian and Islamic scholarship from assessing the depth and breadth of the theology at stake here. Utilizing a semiotic methodology and a philosophical/theological approach, and drawing out the glaring deficiencies of the current scholarship, this work posits that the Arabic riba /Hebraic marbit (growth), by virtue of its intrinsic characteristic of intra-activity as against its binary opposite of inter-activity inherent in bay' (exchange), causes self-emanation, self-subsistence and ex-nihilo creation, which, being exclusive Divine attributes, not only render marbit/riba an act of idolatry/polytheism (Arabic: shirk), but also thereby extend it to all spheres of human action. This diagnosis not only harmonizes the severe ordained punishment with the gravity of the sin, it also bestows perfect hermeneutical calibration to the whole riba paradigm for all monotheist religions, identifying the universal divine law: intra-activity (riba) ---lack of dependence---for the Master (Rabb) and inter-activity (bay')---dependence---for the servant ('abd). This yields the new critical theory of normative human behavior prescribed by "Islam"---the din al-fiṭra, which calls for total human conformity to the design and purpose of human creation in pairs (tathniya: duality), reserving riba (tawḥid : singularity) for the One whose divine attribute it is.

The Islamic prohibition of riba is unequivocal but textually not explicit. The traditional and liberal theological, juridical and philosophical hermeneutical effort has addressed it comprehensively but not conclusively. This inconclusiveness is due to the absence of the identification of the distinctive characteristic of riba, resulting from the use of limited scope pre-defined juridical and economic paradigms employing a contextual exoteric approach, excluding the broader esoteric content. This promotes an internal hermeneutical imbalance between the variables of meaning, application, rationale, underlying cause and consequence of riba, preventing the full convergence and congruence of these narrowly defined paradigms with the broadly implied paradigm in the Qur'an and the Sunna, and obstructing the promulgation of the prohibition. The resolution of this hermeneutical gridlock, predicated upon the discovery of the distinctive rationale and the derivation of the underlying cause of riba prohibition, has a direct bearing on the expansion of scope and unreserved acceptance of the prohibition.

This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist between the classical Shari’a arbitration rules and the Saudi arbitration regulations, which represent the codification of the Hanbali law of arbitration. Unlike other arbitration laws, almost all kinds of disputes can be settled by arbitration in Saudi Arabia, and these include family and some criminal disputes such as murder and personal injuries. Moreover, this thesis demonstrates the difference between Islamic law and Saudi law. The latter is more comprehensive as it includes Islamic law and the borrowed Codes and Acts of the laws of other nations. The legal status of banking interest under the Saudi law is not clearly defined and it is not clear whether riba contradicts with the public policy of Saudi Arabia or not. This uncertainty has an impact on arbitration related to banking disputes and has led me to conclude that arbitration is not the best method for settling disputes involving domestic conventional banking business. Although resorting to the Committee for the Settlement of Banking Disputes of SAMA might provide a better solution, the decisions of the Committee are not “strong” enough to be fully enforced and the payment of interest continues to be an avoidable obligation in Saudi Arabia; therefore, the thesis examined the alternative remedies for both domestic and international banking arbitration. The thesis also found that if the enforcement of an international arbitration award is sought in Saudi Arabia, the award will be subject to the mandatory application of Shari’a law, which in addition to the imposition of interest, prohibits also certain kinds of commercial contracts.

Inspired by the visual allegory ("Conquista, embarcáronse a las Indias" fol. 73 of the Nueva corónica), Legnani contends that the development of the laws of peoples (jus gentium) by 16th century Spanish jurists should be analyzed within the corpus of commercial law (lex mercatoria) employed by sea merchants, bankers and mercenaries throughout the 15th and 16th centuries. This dissertation explores the movement from figure to fiction in discourses of capital and violence.
Romance Languages and Literatures

In recent years the popularity of Islamic insurance policies has grown rapidly with many companies across the world providing this service. London is said to be the hub for Islamic finance. It is well known for welcoming innovative financial methods. The FSA have already authorised the insurance company Salaam Halal to provide policies based on Shariah principles. The FSA, however, announced that they must operate within the same legal framework as all other insurance policies. Consequently English law has to be applied in Islamic policies taken in this country. However, in many aspects, Shariah principles contradict English insurance law. This thesis aims to discover how they contradict and recommend how the Islamic insurance policies can be applied in English law without breaking Shariah principles. As Shariah principles merely provide a wide boundary within which any law can be applied, this thesis analyses English insurance law first, and then discusses how Islamic insurance policies can operate within the English framework. In many cases, English insurance law crosses the boundary of Shairah principles due to its unfair consequences. Consequently making English insurance law fairer could be the best solution to allow the use of Islamic insurance policies under English law. Pragmatically, the thesis focuses mainly on problems within current English insurance law and recommends possible solutions. In many cases, the solutions suggested by the Law Commission are found to be incapable of establishing fairness. The majority part of this thesis is spent trying to establish a fairer framework for English insurance law. This fairer English insurance law is found to be Shariah compliant in most cases. In some cases it is not complaint due to operational differences between the two legal systems. In these cases, the thesis recommends that the Islamic insurer should incorporate certain terms to make policies Shariah compliant without breaching English insurance law.

O presente estudo propõe uma análise sobre o tema da usura no pensamento de São Tomás de Aquino de forma a determinar sua aplicabilidade à questão dos juros remuneratórios tal qual se apresenta hodiernamente no Direito Brasileiro. Inicialmente a concepção de Aquino é avaliada à luz da tríplice base que a compõe: a Lei Natural, segundo a qual se considera a esterilidade do dinheiro e a justiça natural; a Lei Humana, tida aqui como o Direito Romano, do qual se absorve a noção de fungibilidade do dinheiro e a conceituação dos contratos de mútuo; e a Lei Divina, tomada por São Tomás de forma a corroborar aquilo que se depreende das demais leis. Na sequencia, a problemática dos juros e da sua extrapolação usurária é avaliada no âmbito do ordenamento jurídico pátrio, tanto sob o prisma de sua evolução histórica quanto das discussões que envolvem a matéria em nossos dias. Finalmente, partindo de uma conceituação de juros e usura compatível com o pensamento do Doutor Angélico, avaliaremos o que viria a determinar o preço justo nos contratos de mútuo financeiro com vistas a estabelecer parâmetros indicativos para a limitação das taxas de juros no Direito Brasileiro, tanto nas operações praticadas no âmbito civil quanto naquelas contratadas junto ao Sistema Financeiro Nacional
This study proposes an analysis of the theme of usury in the thinking of St. Thomas Aquinas to determine its applicability to the question of compensatory interest as it is now understood under Brazilian Law. Initially Aquinass concept is evaluated in the light of its triple base: Natural Law, which considers the sterility ofmoney and natural justice; Human Law, seen here as Roman Law, from which the notion offungibility of money and the conceptualization of mutuum agreements are derived; and Divine Law, taken by St. Thomas as a means of corroborating what is deduced from the other laws.Next, the critical issues involving interest and their usurious extrapolation are evaluated in the sphere of our national legal system, from both the perspectives of its historical evolution and of the discussions that involve the subject today. And finally, beginning with an appraisal of interest and usury compatible with the thinking of the Angelic Doctor, we will evaluate what woulddetermine the just price in mutuum contracts,seeking to establish parameters for an eventual limitation ofinterest rates in Brazilian Law, both in transactions involving non-banking entities and in those contracted within the National Financial System.

Muslims in South Africa live within the framework of a Western economy in which the notion of interest plays a pivotal role. This system does not seem to comply with the strict interpretation of Islamic law, since the Quran prohibits any dealings on the basis of interest and strongly condemns those who continue to deal in interest-based transactions, warning them of a “notice of war from Allah and His Apostle”. Muslims are therefore faced with the dilemma of either participating in the current prevailing economic system and thereby violating the Quranic injunctions prohibiting interest or Riba, or completely withdrawing from participation in this system and conducting their business transactions in accordance with Islamic injunctions. This study is an attempt to examine whether an Islamic banking enterprise within the greater Tshwane area could survive and even flourish in the long term if it were operating within the parameters of Islamic law, thus in the absence of the interest factor. The research methodology employed was that of qualitative research, and the study consists of both a literature and an empirical study. It became evident from the literature review that a bank’s survival within the Western economic order depends on the confidence that its depositors have in it. In an Islamic economic system the ethical and legal components distinguish it from other systems. The most striking feature of the Islamic banking environment is the so-called profit and loss sharing system (PLS). The literature study was complemented by an empirical study. Respondents were interviewed in three categories: Muslim businessmen, Islamic bankers and Islamic religious leaders. An analysis of data from the respondents revealed that they were of the opinion that there was a need for an Islamic bank in order to avoid any interest-based dealings and to operate strictly in accordance with Islamic law and principles. Based on the literature and field study a simple model of an Islamic banking enterprise was constructed which could function within the greater Tshwane area and within the South African economic context, but which would be based on Islamic Shariah principles. In constructing this model due cognisance was taken of the fact that it would prove to be a very difficult task to amend existing banking laws to provide for the easy entry and functioning of an Islamic bank. Based on the literature and empirical study it was concluded that to provide for the easy entry and functioning of an Islamic banking enterprise, it should not be structured or named as a bank but rather as a finance company which would then be able to offer most of the services that are offered by traditional banks but without having to comply with the strict regulations as applicable to traditional banks. The dissertation’s final conclusion and recommendation was thus that an Islamic bank should operate not as a bank but as a finance company, thereby accomplishing its pivotal role to enable Muslims to use these indispensable services successfully while complying wholly with Islamic Shariah law.
PhD (Business Management), North-West University, Vaal Triangle Campus, 2013

The entire banking systems in the western societies is based on the use of interest. The bank charges the borowers interest on its loans and pays its depositors interest on their deposits. On the other hand, the Middle Eastern banking system is an interest free system that prohibits the use of interest, either in receipt or in payment.

L’assurance islamique, ou takaful, qui est apparue dans les années 1970, est un sujet d’actualité, tant en France qu’au Liban. Les sociétés d’assurance islamique voudraient opérer dans ces deux pays dont le droit des contrats, comme celui des entreprises sont dominés par l’idée de laïcité. Peut-on exercer une activité que se veut régie par des principes religieux dans des pays de droit positif laïc ? La police takaful est-elle une police d’assurance à l’instar de la police d’assurance conventionnelle ? Les sociétés takaful sont-elles des sociétés d’assurance au même titre que les sociétés d’assurance conventionnelle ? Certes, les éléments constituant le contrat d’assurance conventionnelle se retrouvent dans la police takaful, à savoir le risque, la prime et la prestation d’assurance. Ces deux contrats d’assurance couvrent les mêmes risques, sous réserve des objets et évènements considérés comme haram et prohibés par l’islam. Quant aux sociétés d’assurance takaful, elles peuvent prendre les mêmes formes que les sociétés d’assurance conventionnelle. Mais leur fonctionnement diffère de celles-ci, en raison de leur structuration en deux fonds distincts et d’un mode opérationnel qui leur est propre. Le contrôle de la conformité à la charia islamique marque les compagnies d’assurance takaful et les distingue fortement des sociétés d’assurance conventionnelle. Il s’agit sans doute du principal obstacle à leur réception par le droit positif. Mais il doit pouvoir être surmonté
The Islamic insurance, or Takaful, that first appeared in the seventies, is a subject that has an actual importance both in France and Lebanon. The Islamic insurance companies aim at working in these two countries whereas the contracts law as much as the enterprises law is dominated by the idea of secularism. Can we practice an activity mainly ruled by religious principles in countries where the substantive law is secular? Is the Takaful policy an insurance policy like any other conventional policy insurance? And are the Takaful companies insurance companies at the same level of all other conventional insurance companies? Indeed, the elements that are the basics of the conventional insurance contract are found in the Takaful policy, meaning the risk, the premium and the insurance benefit. These two contracts cover the similar risks, except for the objects and events considered as Haram and prohibited by Islam. As for the insurance companies Takaful, they are allowed to have the same form as any other conventional insurance society. Yet, their functioning is different from the abovementioned, due to their structuring into two distinct funds in addition to an operational mode appropriate to their needs. The audit made in conformity with the Islamic sharia imprints the Takaful insurance companies and strongly distinguishes them from the conventional insurance companies. Without any doubt, the idea rotates around how the substantive law accepts them. However, the concept of Takaful should be overcome

Le développement de la finance islamique a attiré l’attention non seulement des banquiers et des juristes, mais également des pouvoirs publics français depuis quelques années. Cette finance, qui obéit à la loi islamique, fonctionne non pas sur la stipulation de l’intérêt, mais sur deux autres modes de rémunération des bailleurs de fonds : elle applique, d’une part, le principe du partage des profits et des pertes en fondant les transactions sur les contrats de société, et d’autre part, sur une marge bénéficiaire lorsque l’opération s’adosse à un contrat de vente et de location.Parmi les produits bancaires islamiques, les crédits islamiques sont les plus caractéristiques qui écartent la stipulation du ribâ (intérêt). La fixation de leur régime juridique français est tributaire de deux corpus juridiques, a priori, opposés. Bien qu’ils n’aient ni des fondements juridiques, ni des régimes juridiques clairs et précis en droit français, ce dernier arrive à les encadrer. Cet encadrement présente non seulement des points de convergence, mais également des points de divergence avec le droit musulman. La flexibilité de ces systèmes juridiques nous a conduit à définir tant un cadre juridique général pour définir les régimes français de la rémunération du dispensateur de crédit islamique, qu’un cadre juridique spécial pour régir la structuration des opérations adossées à des contrats de vente (comme la mourabaha, le tawarruq, le salam et l’istisna), de location (l’ijara et l’ijara muntahia biltamlik) et de société (comme la moudaraba, la mousharaka et la mousharaka dégressive)
The development of the Islamic finance drew the attention of the French public authorities, bankers and lawyers since a few years. This finance, which rules by the Islamic law, does not apply the interest, but two other methods of payment of the financiers: on the one hand, the principle of the profit and loss sharing, by backing the transactions on partnership contracts, and on the other hand, on profit margin when the operation backs on a sale and lease contracts.Among the Islamic banking products, the Islamic credits are the most characteristic. The French legal framework of those transactions depends, in fact, on two legal systems which are apparently in contradiction. Although they have neither legal sources, nor clear and precise legal regulation in French law, the latter could rule them. This framework presents not only some points of convergence, but also points of difference with the Islamic Law. Nevertheless, the flexibility of both Laws led us to define a general legal framework of the remuneration of the Islamic credit provider, and a special legal framework to rule the structuration of the operations backed to partnership (moudaraba, mousharaka et degressive mousharaka), sale (mourabaha, le tawarruq, le salam et l’istisna), and lease contract (ijara et ijara muntahia biltamlik)

LL.M. (Banking Law)
The charging of interest and the variation thereof throughout the term of a credit agreement has, in a modern South Africa, become the rule rather than the exception. This is so because in a constant evolving economy it will not be viable for large financial institutions to commit themselves to fixed interest rates especially where a credit agreement such as a mortgage agreement may extend over many years. With this comes the question as to the extent of a credit provider’s discretion to vary interest rates and the manner in which it purports to do so. Naturally where the National Credit Act finds application in respect of a credit agreement the provisions thereof relating to interest and the variation thereof will determine whether a clause allowing a credit provider to vary the interest rate unilaterally is valid and enforceable. However in instances where the National Credit Act is not applicable to a certain credit agreement, especially in the case where the consumer is a juristic person, the interest rate levied and the variation thereof will fall to be decided in terms of the common law. The application of the common law in this regard is not without difficulty and there have been many conflicting decisions of our courts in this regard. Whilst the supreme court of appeal has finally decided on the matter of discretionary interest rate clauses it is no doubt that this issue will surface for many years to come. This dissertation explains the comparative positions of interest rate and variable interest rate clauses in terms of the National Credit Act and the common law.

With the rapid development of the Islamic banking and finance in South Africa, the legal regime of South Africa, must be able to progress at the same rate of development. The recognition of a foreign legal system such as Islamic law in South Africa is challenging and difficult. South Africa, has an interest based insurance legislative framework and this is not aligned with the principles of the Islamic financial system. As a result of this, regulators have taken various measures to develop and promote the Islamic Industry. The amendment to the South African Tax legislation has created an equitable and level playing field for Islamic law. The South African government also has a further obligation which is to develop a legislative framework to govern Islamic law, as well as to enhance the regulatory and supervisory framework. The study of the development of the Islamic legal regime is an important area that aids legal practitioners in identifying and resolving legal disputes. The purpose of this paper is to examine the accommodation of the Islamic law of Takaful under the South African Insurance legal framework.
Public, Constitutional and International Law
LL. M. (Public, Constitutional and International Law)

Islamic Jurisprudence comprises of the laws that govern a Muslims daily life. The Prophet Muhammad explained and practically demonstrated these laws. The jurists studied the Quran and the Prophet's life and they adopted a refined methodology which they used to extract legal rulings and verdicts. This methodology is known as the Principles of Jurisprudence. The jurists expanded on this methodology with some differences among them on the usage and the application of some aspects as acceptable forms of evidence. Eventually, the Muslim world was left with four schools of jurisprudence that are present to this day. There are differences between these schools on some issues but these differences never caused conflict, instead it provided us with a wealth of knowledge. We need to study these schools and its principles together with the objectives and intent of the Shariah and utilize this to find solutions to all new issues that arise.
Religious Studies and Arabic
M. A. (Islamic Studies)

Le développement de la finance islamique a attiré l’attention non seulement des banquiers et des juristes, mais également des pouvoirs publics français depuis quelques années. Cette finance, qui obéit à la loi islamique, fonctionne non pas sur la stipulation de l’intérêt, mais sur deux autres modes de rémunération des bailleurs de fonds : elle applique, d’une part, le principe du partage des profits et des pertes en fondant les transactions sur les contrats de société, et d’autre part, sur une marge bénéficiaire lorsque l’opération s’adosse à un contrat de vente et de location.Parmi les produits bancaires islamiques, les crédits islamiques sont les plus caractéristiques qui écartent la stipulation du ribâ (intérêt). La fixation de leur régime juridique français est tributaire de deux corpus juridiques, a priori, opposés. Bien qu’ils n’aient ni des fondements juridiques, ni des régimes juridiques clairs et précis en droit français, ce dernier arrive à les encadrer. Cet encadrement présente non seulement des points de convergence, mais également des points de divergence avec le droit musulman. La flexibilité de ces systèmes juridiques nous a conduit à définir tant un cadre juridique général pour définir les régimes français de la rémunération du dispensateur de crédit islamique, qu’un cadre juridique spécial pour régir la structuration des opérations adossées à des contrats de vente (comme la mourabaha, le tawarruq, le salam et l’istisna), de location (l’ijara et l’ijara muntahia biltamlik) et de société (comme la moudaraba, la mousharaka et la mousharaka dégressive)
The development of the Islamic finance drew the attention of the French public authorities, bankers and lawyers since a few years. This finance, which rules by the Islamic law, does not apply the interest, but two other methods of payment of the financiers: on the one hand, the principle of the profit and loss sharing, by backing the transactions on partnership contracts, and on the other hand, on profit margin when the operation backs on a sale and lease contracts.Among the Islamic banking products, the Islamic credits are the most characteristic. The French legal framework of those transactions depends, in fact, on two legal systems which are apparently in contradiction. Although they have neither legal sources, nor clear and precise legal regulation in French law, the latter could rule them. This framework presents not only some points of convergence, but also points of difference with the Islamic Law. Nevertheless, the flexibility of both Laws led us to define a general legal framework of the remuneration of the Islamic credit provider, and a special legal framework to rule the structuration of the operations backed to partnership (moudaraba, mousharaka et degressive mousharaka), sale (mourabaha, le tawarruq, le salam et l’istisna), and lease contract (ijara et ijara muntahia biltamlik)