http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
نظرية الذرائع وتطبيقات لها في المعاملات المالية الحديثة
Nazariyah al-dhara'i wa-tatbiqat laha fi al-mu'amalat al-maliyah al-hadithah
Nazariyat al-dhara'i wa-tatbiqat laha fi al-mu'amalat al-maliyah al-hadithah. (Computer file)
International Islamic University Malaysia
Department of Arabic Language and Literature
Kulliyah Ma'arif al-Wahy wa al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya
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.
"Bahth takmili muqaddam li-nayl darajat al-Dukturah fi 'Ulum al-Wahy wa-al-Turath (al-Fiqh wa-Usuluhu)."--On t.p.
Also available on 3 1/2 in. computer disk-converted into 4 3/4 in. computer optical disc.
Thesis (Ph.D.) -- International Islamic University Malaysia, 2005.
Includes bibliographical references (leaves 310-324).