دور قياس الشبه في التأصيل الفقهي للمعاملات المالية المعاصرة : الحساب الجاري و الكمبيالة أنموذجا

Abstract EN

The researchers define Qiyas al-Shabah and its significance to scholars of Usool al-Fiqh, supporting there definition with examples that illustrate this type of Qiyas.

Then they show that the premise in transactions is permissibility, whereas property (assets) is protected.

They also define the bill of exchange (promissory note) and the current account (banking), showing the aspects of Qiyas al-Shabah that apply to them.

Then demonstrate the process of extracting the appropriate fiqhi ruling, each according to its nature, illustrating the ability of Usool al-Fiqh to accommodate any developments in monetary and financial transactions, which in turn achieves the Maqased (objectives) of Shariah.

Finally the researchers conclude by stating the conclusions of this study.