القواعد الفقهية المتعلقة بالعرف وأثرها على المعاملات المالية المعاصرة
This research Highlights an important tool of jurisprudence that influences the direction of rulings, which is the jurisprudential complexity of the custom theory, and the extent of the ability of the customary jurisprudential rule to determine the legal ruling on transactional issues. This resea...
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| Summary: | This research Highlights an important tool of jurisprudence that influences the direction
of rulings, which is the jurisprudential complexity of the custom theory, and the extent
of the ability of the customary jurisprudential rule to determine the legal ruling on
transactional issues. This research aims to study the jurisprudential rules related to the
field of custom, and then to show the impact of these customary jurisprudential rules on
transactions specifically. Where this study lists the rules and collects them from their
sources, then studies them by explaining them and indicating their sources and evidence
and the jurisprudential applications they contain in the section of transactions. This
study also aims to explain the reality of custom and its conditions and sections, which
are expressed in the rules under study. To achieve the objectives of the research, the
researcher used the inductive, analytical and descriptive approach. The customary
jurisprudential rules reached nineteen jurisprudential rules distributed in four areas: the
authority of custom under which there are five rules, the conditions of custom under
which five rules, the authority of verbal custom under which seven rules, and the
authority of practical custom under which there are two rules. About 100 different
jurisprudential applications branched out from these rules in the various sections of
transactions and in their modern and old issues. The researcher dealt with them,
reviewing the customary impact on them. The research concluded that the customary
rules have a major role in enacting rulings and controlling the jurisprudential branches
in general, the chapters of jurisprudence in general, and in the chapter of transactions in
particular. These customary rules showed an image of comprehensiveness and
flexibility in Islamic law, as these rules covered the most important issues of emerging
transactions, and many emerging issues in the field of transactions do not depart from
these customary rules. |
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