الضوابط الشرعية للاستيراد والتصدير دراسة تطبيقية على قانون التجارة الخارجية اليمني لعام : 2007م
This study aims to extract the Shariah parameters for import and export from the texts of the Shariah and formulate them as a set of fiqh parameters that encompass all the sub-topics of the subject of the study, organized as particular parameters, each applied to its relevant section separa...
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| Summary: | This study aims to extract the Shariah parameters for import and export from the
texts of the Shariah and formulate them as a set of fiqh parameters that encompass
all the sub-topics of the subject of the study, organized as particular parameters,
each applied to its relevant section separately. That is due to the clear difference
between a fiqh parameter (dobit) and a fiqh rule (qa'idah). The study also aims to
apply the Shariah parameters to the Yemeni law of foreign commerce to discover the
points of agreement and discrepancy between the Yemeni legal texts and the Shariah
parameters, taking into account that the texts of the legal code refer back to Islamic
sources. The problem that the study is intended to solve is the lack of an academic
study that focuses on import and export by gathering all the relevant academic
material related to the legal aspect and the Shariah aspect and linking both to the
aspect of implementation so it can serve as a reference for those involved in this
commercial activity. The study employed an inductive and analytical methodology in
surveying the Shariah parameters related to import and export as found in their
recognized sources and applying them to the particular topics that form the subject
of the research. The research arrived at many conclusions; among the most
important are the following: the Shariah parameters for import and export do not
fulfill the objective desired of them unless they deal with all the particular issues of
the topic. That is because it is difficult to lay down general parameters to cover what
is relevant and exclude what is irrelevant. That is because the process of importing
and exporting consists of many interconnected elements. It is not possible to ignore
any part of them. Another important conclusion is that the Shariah parameters are
broadly divided into two types. The first type consists of fixed parameters that are
unaffected by changes of time and place. The second type consists of flexible
parameters that change with changes of time and place and take into consideration
public welfare. The five Shariah values attached to human acts revolve around these.
In summary, the Islamic heritage is brimming with academic and practical examples
related to import and export; although the names may differ, they fall within the
outlines of the topic. |
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