قواعد المآالت وتطبيقاتها في المعامالت المالية المعارصة = The legal maxims of Maʾālāt and its contemporary application on financial transactions
Our religion with its wisdom and jurisprudence; it is wise for Muslims to look at their future and what their actions and behavior will lead to - after benefiting from the experiences of the past and the experiences of the present - by anticipating it and challenging it and preparing for it wi...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Al-Hikmah Research and Publications Centre
2021
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/92757/1/92757_%D9%82%D9%88%D8%A7%D8%B9%D8%AF%20%D8%A7%D9%84%D9%85%D8%A2%D8%A7%D9%84%D8%AA%20%D9%88%D8%AA%D8%B7%D8%A8%D9%8A%D9%82%D8%A7%D8%AA%D9%87%D8%A7%20%D9%81%D9%8A%20%D8%A7%D9%84%D9%85%D8%B9%D8%A7%D9%85%D8%A7%D9%84%D8%AA.pdf http://irep.iium.edu.my/92757/ https://alhikmah.my/index.php/hikmah/article/view/148/197 https://doi.org/10.46722/hkmh.4.3.21e |
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| Summary: | Our religion with its wisdom and jurisprudence; it is wise for
Muslims to look at their future and what their actions and behavior will lead
to - after benefiting from the experiences of the past and the experiences of
the present - by anticipating it and challenging it and preparing for it with
what it needs of sciences and arts that guarantee them a sublime human
meeting, as Abdulqadir Al-Kilani said. Hence our interest in the outcomes
and their fundamentalist rules and contemporary financial applications. As
for the study’s goal, it is to employ our Islamic fundamental, intentional,
jurisprudential, and intellectual knowledge in a jurisprudential adaptation of
the most prominent contemporary transactions. Therefore, the research
problem is: What is the role of the rules of fate in the jurisprudential view of
contemporary transactions. The research method is inductive, analytical, and
deductive method. By extrapolating the legal texts established to consider the
outcomes and then analyzing those texts to derive appropriate provisions for
contemporary financial transactions. The most prominent results: First: that
Islam prepared man to consider the fates and freed him from the obstacles of
superstition, pessimism, volatility, and astrology. Second: The rules of fate
aim to consider the legal rulings related to the true tomorrow and the possible
actions of the taxpayers based on the past, understanding the reality and
anticipating the future according to the possible capacity. Third: The Holy
Qur’an was concerned with the cosmic and social norms as harbingers of the
fates and the meanings of their perception, as it was concerned with time in
all its parts, past, present, and future, so that the Muslim would be on the
basis of his order in his movement, his residence, its causes, and its
consequences. |
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