مراعاة الخلاف وأثر الاستدلال به في المعاملات المالية: دراسة أصولية مقاصدية

Abstract EN

The act of consideration of dispute is one of the glories of Islamic jurisprudence and principles.

in terms of applying it while considering the religious and life interests of the person concerned, imam al-Shatibi considered it as a form of approval, but when it became involved in several problems, most of the fundamentalists had no choice but to dismiss it which has led the Malikischoolto specialize in this domain.

this research is to uncover the truth and the authenticity of attributing this domain to the Malikis.

in addition, to underline the forms of its application in financial transactions, by explaining the reason for it; displaying its objective dimensions and interest goals.

the research has proved the validity of the Maliki uniqueness of reasoning with the consideration of dispute.

and that it hasobjectivesin financial transactions, which include achieving the interests of the dealers, eliminating harm from the contract parties, making it easy for them, removing embarrassment from them, and achieving the objectives of private and partial contracts.