نظرية الذرائع وتطبيقات لها في المعاملات المالية الحديثة /
This study deals with one of the most important sources of Islamic jurisprudence known as Dhara'i' or the Theory of Means as discussed by the classical and modern Islamic jurists. This theory is closely related to the objectives of Shari'ah or Maqasid, due to the cause-effect relation...
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah Ma'arif al-Wahy wa al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya,
2005
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9291 |
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| Summary: | This study deals with one of the most important sources of Islamic jurisprudence
known as Dhara'i' or the Theory of Means as discussed by the classical and modern
Islamic jurists. This theory is closely related to the objectives of Shari'ah or Maqasid,
due to the cause-effect relationship between means and objectives. The aim of this
study is to compile the essential components of the Theory of Means as a tool of
ijtihad which could be applied on current issues. In the classical literature, the jurist
mainly focused on those means which are lawful but lead to prohibited ends or
unlawful results, terminologically known as Sad al-Dhara'i', or blocking the means.
As the prevention of evil requires greater prominence in their discussions, the other
part of the theory, the opening of the means to beneficence did not receive equal
treatment from the jurists in their writings. Thus, it is the aim of this study to discuss
the Theory of Means in its broad meaning, encompassing the blocking the means to
evil and opening the means to beneficence, both at the theoretical and practical level.
One of the most important results of the study is the need to differentiate between
means and Maqasid as the former are the ways that most probably lead to the latter in
their normal conditions, and not the objective itself. This is because the rule of
Dhara'i' is based on the judgment of the possible results of actions to either evil or
good which, unlike Maqasid, is flexible and might differ from one situation to another.
This study also deduced some methodological regulations, which governed the theory
that can be used in contemporary ijtihad. The application of the Theory of Means is
exemplified in selected forms of modern financial transactions, namely Contract of
Adhesion, Deferred Payment Sale, Bank Deposits and Insurance to portray the
relevance of the theory in contemporary Islamic economy. This study establishes the
importance of reliance on the Theory of Means in determining the rulings of those
transactions based on their practical results. Thus, the permissibility or otherwise of
Contract of Adhesion and Insurance depends upon the predominance of either
beneficence or evil ends. With regards to Deferred Payment Sale and Bank Deposit,
despite the availability of texts on their permissibility, some aspects of these
transactions which are subject to changes according to different circumstances and
places need to be revised in accordance with the application of the Theory of Means. |
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| Item Description: | "Bahth takmili muqaddam li-nayl darajat al-Dukturah fi 'Ulum al-Wahy wa-al-Turath (al-Fiqh wa-Usuluhu)."--On t.p. Abstracts in English and Arabic. |
| Physical Description: | ن، 324 leaves ; 30 cm. Also available on 3 1/2 in. computer disk-converted into 4 3/4 in. computer optical disc. |
| Bibliography: | Includes bibliographical references (leaves 310-324). |