آفاق التجديد في فقه المعاملات المالية و متطلباته

Abstract EN

Tajdid” is a Shariah terminology that is showcased in the prophetic discourse in a commendation way.

It is also one of the widely used terminologies circulates in the various field of forensic research.

The Islamic law jurisprudence “Fiqh”, most especially the financialaspect of it has been achieved many research conducted on the issues of Tajdid, due to its numerous field related to the contemporary issues, and people’s need to it.

Therefore, it is the most common field of forensic research generally, and jurisprudential (Fiqh) research in particular, which the contemporary issues discussed in, theoretical and practical.

In order for jurisprudential research to achieve its purpose in keeping up with the developments and new issues as desired.

In contribution to that, this paper attempts to bridge the gap between the theory and practical, and to follow the contemporary issues in two main areas of the jurisprudence of financial transactions (Fiqh Al Muamalat), with another two under them.

They are: revival in extrapolating the jurisprudential judgments, by reviving the way of examining of the jurisprudential cases that the past Fiqh scholars have discussed, and in examining the new and contemporary issues that did not discussed by those past jurists, and to create Shariah alternatives to the prohibited transactions, or create products that will fulfil Shariah competency and economic efficiency.

And the second area is revival in the approximation of the Fiqh provisions.

The paper monitors some areas that still need a reviving effort.

The paper concludes by mentioning the requirements of revival in the jurisprudence of financial transactions for each of the two areas.