Eletrebi, Mahamed Fathy and Suleiman, Hassan and Awang, Abdul Bari (2021) قواعد المآالت وتطبيقاتها في المعامالت المالية المعارصة = The legal maxims of Maʾālāt and its contemporary application on financial transactions. Al- Hikmah International Journal for Islamic Studies and Human Sciences, 4 (3). pp. 77-97. E-ISSN 2637-0581
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Abstract
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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