مراجعة مقاصدية لقضية الجمع بين العقود

الملخص EN

Purpose: The paper aims to analyze the Shariah objectives of the Shariah texts related to the prohibition of combining contracts to rightly observe the prohibition, as it is feared that some literal interpretations of those texts may have led to unnecessary restriction of peoples’ financial transactions.

The paper reconciles those texts and the general Shariah objectives relating to financial transactions.

Methodology: The paper first adopts an inductive approach to examine all relevant Shariah texts, and then shifts to the analytical methodology to achieve the research goals of identifying the prohibited cases and excluding those that are not intended to be prohibited by the Lawgiver.

Findings: The paper finds that understanding the objectives of the Shariah rulings is necessary for their correct application and for assessing when it is acceptable or unacceptable to combine contracts into a single transaction.

The paper also finds that the conditioning provision of a loan on entering a financial transaction with the lender does not necessarily involve riba because the benefit that befalls the lender and does not harm the lender at all is not prohibited.

Originality: The study addresses an issue that did not receive sufficient attention in terms of study and analysis, and its importance stems from setting the controls that determine the unlawful combination of contracts, especially in matters related to riba.