مشروعية الحكم بالظاهر و آثاره الفقهية

الملخص EN

Ruling by appearance is among the jurisprudential rules that had and continue to have a strong impact until the present-day.

In this way, it is considered a renewable basis for its continued impact in various fields, such as legislation, the judiciary, and financial and social transactions, as it is a controlling framework for them, including the preservation of the rights and interests of the individual and society.

This is because people and their dealings are judged by their apparent behavior, because their secrets are entrusted to Allah the Almighty, and they are accountable to Him.

Among these transactions, which show the importance of ruling by appearance, in our contemporary time, is the issue of contracts in general and financial contracts in particular.

This is because ruling has an active role in solving many of the practical challenges and legal complications faced by Islamic banks in contracting with individuals and companies.

It gives them legitimate financing, which in turn leads to the development of various financial and commercial activities in society within legal and legal disciplined frameworks.

This is done by activating this rule in accordance with its legal regulations.