تحديد مشروعية محل العقد بين المقاربات الفقهية: دراسة مقاصدية = Determining the Shariah compliance of contract subject matter between fiqhi approaches: a maqasid-based study
Year: 2025
Type: article
Abstract: This study aims to examine the Shariah compliance of the subject matter of contracts in financial transactions, guided by the higher objectives of Islamic law (Maqasid al-Shariah). It adopts three primary fiqhi approaches: the approach of original permissibility and exception, institutional Shariah standards, and the Maqasid-based approach. The analysis is framed around the five universal objectives of Shariah—preservation of religion, life, lineage, intellect, and property—by drawing on textual evidence and juristic analysis. The findings indicate that Shariah legitimacy of contract subject matter requires it to be free from prohibited elements associated with each Maqasid, such as shirk, harmful substances, disruption of family values, riba (usury), gharar (excessive uncertainty), and fraud. The study demonstrates that the Maqasid-based approach offers a more comprehensive and flexible framework, especially in addressing contemporary developments such as digital contracts. It includes practical illustrations of digital contracts and analyses the challenges of applying Shariah controls in this emerging field. The study recommends integrating these Shariah-based controls into institutional frameworks, promoting awareness among financial professionals, and encouraging further research on their practical implementation.
Language: Arabic
Subfield: Accounting
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7119303252
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