ضوابط تقنين فقه المعاملات المالية المعاصرة : دراسة تحليلية /
Codification represents one of many forms of progressive legislation, as it effectively establishes itself as a form of legal reference and precedent, settling the matters it resolves in a manner which seeks to achieve stability and justice in both application and practice. The practice of codificat...
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| Format: | Thesis |
| Language: | Arabic |
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| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9925 |
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| LEADER | 048960000a22003130004500 | ||
|---|---|---|---|
| 008 | 140319s2014 my g m 000 0 ara d | ||
| 040 | |a UIAM |b eng |e rda | ||
| 041 | |a ara | ||
| 043 | |a a-my--- | ||
| 100 | 1 | |a سعود، رافع ليث | |
| 242 | 1 | 0 | |a Dawabit taqnin fiqh al-mu'amalat al-maliyah al-mu'asirah : |b dirasah tahliliyah |
| 245 | 1 | 0 | |a ضوابط تقنين فقه المعاملات المالية المعاصرة : |b دراسة تحليلية / |c إعداد، رافع ليث سعود |
| 264 | 1 | |a Kuala Lumpur : |b Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, |c 2014 | |
| 300 | |a [xii], 307 leaves ; |c 30 cm. | ||
| 336 | |2 rdacontent |a text | ||
| 347 | |2 rdaft |a text file |b PDF | ||
| 502 | |a Thesis (MAIRKFQ)--International Islamic University Malaysia, 2014. | ||
| 504 | |a Includes bibliographical references (leaves 271-307). | ||
| 520 | |a Codification represents one of many forms of progressive legislation, as it effectively establishes itself as a form of legal reference and precedent, settling the matters it resolves in a manner which seeks to achieve stability and justice in both application and practice. The practice of codification has become a modern necessity for the application of Fiqh rulings, particularly within the domain of financial transactions. In this regard, it serves as a vital component not only to jurisprudence, but also to comprehensive reform and matters of everyday life. This however, does not indicate its immunity from flaw, as it is subject to a large number of jurisprudential differences of opinion between various Islamic financial institutions. From this arose the need for a guiding framework and parameters for the codification process. Building upon this, this research is divided into five chapters and will study the concepts of codification, its history and stages of development and the efforts incurred thereof, as well as the essence of its legitimacy. The researcher has utilized a descriptive, analytical and historical methodology in this research, inclusive of comparative analysis and critiques. The research also illustrates and defines the scope of the Fiqh of financial transactions in contemporary times, while further emphasizing the necessity for and significance of codification. Also included within this research are the modern currents of thought pertaining to codification, and an explanation of the roles played by Shari'ah, methodology, linguistics, and terminology within the context of the framework and parameters for codification of modern financial transactions. In order for financial codification to be effectively labeled as 'Islamic' it must adhere to binding Shari'ah rulings and the Maqasid pertaining to both capital and contract dealings, establishing Islamic jurisprudence as both their source and unfailing essence. Such an approach must take into account a range of methodological, temporal and customary necessities imposed in this regard. Islamic financial codification must be characterized by dynamic flexibility, in addition to being possessed of a universal character and impartiality to all, irrespective of school of thought, and effectively meeting the interests of both the individual and group; in a collective effort towards realizing the goal of codification. The researcher concludes with a number of findings and recommendations, significantly emphasizing the reality that codification represents the reform and revitalization of contemporary Fiqh doctrine and rhetoric. The fulfillment of this reform however, further extends to achieving a synthesis between Fiqh heritage and contemporary financial realities, while promoting the application of collective Ijtihad in cases relevant to financial transaction jurisprudence, while establishing a sustainable dynamic jurisprudential-legal intellectual current towards this end. The researcher also urges empowered institutions, specialized bodies, organizations and researchers to take interest in codification, as well as the journals and aspects related to it. Such a necessary interest is in need of being taken up, be it at the jurisprudential-legal, historical, linguistic, economic or political levels. | ||
| 596 | |a 1 | ||
| 655 | 7 | |a Theses, IIUM local | |
| 690 | |a Dissertations, Academic |x Department of Fiqh and Usul al-Fiqh |z IIUM | ||
| 700 | 1 | |a Rafae L. Suud, |e author | |
| 710 | 2 | |a International Islamic University Malaysia. |b Department of Fiqh and Usul al-Fiqh | |
| 856 | 4 | |u http://studentrepo.iium.edu.my/handle/123456789/9925 | |
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