معايير حرمة التعاون على الإثم في المعاملات المالية : دراسة تأصيلية شرعية

Abstract EN

This research deals with the explanation of jurisprudential criteria established by jurists to judge whether or not a given conduct is considered a kind of cooperation in sinning, based on Allah the Almighty’s statement in verse 2 of Surat Al-Ma’ida.

It studied each criterion separately, explained its meaning and referred to those who support it.

The researchers also drew on the extent to which jurists agree or disagree on the concerned criterion, in addition to evaluating it according to their own views.

The research dealt with five criteria: the intention to assist on committing the sin, the act of sinning itself, the contract’s statement of the forbidden act, the tendency to think that the sin is committed, and the discontinuity of the ratio between the helper on the forbidden and the sin.

The study included an introduction dealing with the meaning of cooperation and related terms and concluded that cooperation in sinning occurs in the following cases: (1) if the helper intends to facilitate and spread the transgression, even if it does not occur after that; (2) if the forbidden purpose is stipulated in the contract, even if transgression does not occur after that; (3) if it is known or most likely thought that the second party will use the place of the contract in disobedience, but if he is deluded, it is considered a disdained rather than forbidden act.

The person who is accountable is the one who has knowledge about the sin, and it is something that only Allah Almighty knows.