تغير الأحكام الشرعية تأصيلا و تطبيقا : المعاملات المالية المعاصرة أنموذجا

Abstract EN

The research deals with the study of the issue of changing legal rulings, rooted and applied; Explaining the nature of the change of legal rulings and their causes; Whether those related to custom and its appendices, or related to reality and its development, then a statement of the controls for changing the legal rulings, and in the last section two applications were studied to change the legal rulings from the branches of contemporary financial transactions, namely the ruling on selling gold as a debt, and the ruling on taking compensation for moral rights.

The research method was descriptive and analytical, presenting the scientific material and its applications; By explaining the nature of changing the legal rulings, rooting for them, and then applying them.

The research concluded that the issue of changing the legal rulings should be restricted to controls; So that the diligence is disciplined and achieves the purposes of the legislation.

The research also concluded that it is permissible to sell gold for paper currencies as a debt, and it is permissible to take compensation for moral rights; To change custom and reality on which diligence was built.