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Doctrinal innovation in the economy and financial transactions Contemporary

Doctrinal innovation in the economy and financial transactions Contemporary *

Preparation: Meets all the conditions legitimacy. D. Ali Mohieddin Qara Dagi **

In the name of God the Merciful

Praise be to Allah and peace and blessings on the mercy to the worlds envoy Mohammed Hadi, Secretary, and his brothers the prophets and messengers, and upon the good cleansers and companions, and followed guided to the Day of Judgment..

After;

The renewal means: Reform confronts ages, and restoration ravaged hands, and the removal of dust from what his legacy times and ages, and re-thing to what it was in the era of his youth and beauty, but a new offer, and add effects trendy it even appears in the guise of Kushayb, and ornament pretty impressive interesting attractive.

So Valtjdid this project meaning in religions; but even required in Islam which is a religion of perfection, beauty, religion ring for all consignments.

We are in this research we talk about innovation in the economy and financial transactions through: Introduction to talk about renewal in Brief,. Then allocate the first topic for: How innovation in the economy and financial transactions, and the second section: Permissions and conditions of this renewal, and the third section: This renewal areas and types, and the fourth section: Pitfalls of this innovation within the economy and contemporary financial transactions.

And ask God to help us all with aspire, and to write us pay in our whole, and infallibility of error and sin in our faith, and sincerity in our words and our actions, and acceptance thanks to him and him to our goods Almzjah, and amnesty for our shortcomings, and forgiveness for زلاتنا, he calculated and Maulana, yes, Lord, yes conciliator .

 

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Submitted:

In the importance of renewal and meaning

That God wanted for this nation always and eternity making them God the best nation out of people, and make it the nation Conclusion Mohammedan message stamp and prophecy Ahmadiyya, God said: ﴿مَا كَانَ مُحَمَّدٌ أَبَا أَحَدٍ مِنْ رِجَالِكُمْ وَلَكِنْ رَسُولَ اللَّهِ وَخَاتَمَ النَّبِيِّينَ وَكَانَ اللَّهُ بِكُلِّ شَيْءٍ عَلِيمًا﴾([1]).

This means the same in Kamal divine message of the Quran so that you do not need them to another message, so he says: ) Today I have perfected your religion for you and completed My favor upon you and have chosen for you Islam (([2]), But the seal of prophecy and Kamaluddin mean at the same time that the message of this debt is valid for every time and place, and able to solve problems and effective solutions for the treatment of various religious issues and intellectual and Althaagafih, scientific and political, social and economic… And then be comprehensive and essential elements decisions for them, the two:

A- الثوابت التي لا تتغير، والمتمثلة في: Public assets and the overall principles of the joints of college life, and in essence is the protection of the nation from the fusion the crucible of others to melt, and cultural Alanslab, and loss of identity.

B- Development and innovation, and through diligence and deduction, as he says: ﴿وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَى أُولِي الْأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنْبِطُونَهُ مِنْهُمْ….﴾([3]). Whether it's diligence diligent and Astenbata directly from the Quran and Sunnah who was able to do that and available the conditions, or was diligent selective weighted between previous interpretations.

And diligence does not apply only to the Department of Jurisprudence sub, but is inclusive of all viable texts diligence and cases in which there is no text, (An area Amnesty also said in an interview Salman the Persian t)([4]), Whether in the circle of faith, or thought, or doctrine, or any other. Since God Almighty stamp messages Holy Quran, and the prophets and messengers that our master Muhammad e, the God made this nation of scientists and innovators and range Mansoora remain on the right and defended, and renewed debt and ordered him to return to what it was in the era of the Prophet e and his family and companions; says : «God sends to this nation at the head of every one hundred years of renewed its religion»([5]). The term “Of” In the modern individual and combined, as Ibn Atheer: «The first general, “Of” Located on one combination, nor specifically applicable also Balvgahae, the utilization of the nation have also Pauli it, and the owners talk, and readers, and preachers; but should envoy being referred to in each of these arts »([6]).

Sheikh Qaradawi says: «والذي أراه أن الحديث يفيد أنه لا يبزغ قرن إلاّ ويبزغ معه فجر جديد، وأمل جديد، وبعث جديد، حتى تستقبل الأمة المسلمة القرن بقلوب يحدوها الرجاء في غد أفضل، وعزائم مصمِّمة على عمل أمثل، ونيات صادقة في تغيير الواقع بما يوافق الواجب، وخصوصًا أن المفروض في الأمة أن تقف على رأس القرن مع نفسها وقفة محاسبة وتقويم، محاولة أن تستفيد من ماضيها، وتنهض بحاضرها، وترقى بمستقبلها، مبتهلة إلى ربها أن يكون يومها خيرًا من أمسها، وغدها خيرًا من يومها»([7]).

Rollover or renew Jurisprudence:

Prophet's assigned in the brief talk about the movement of diligence and innovation in Islamic jurisprudence.

If we look closer at the history Vgahna great we found him had passed several roles of the rise and creativity and innovations, I got him the nation and recovered in different areas of life, then the weakness and decline and the emergence of tradition coupled with a kind of inertia, then what he is to stand up again at the hands of hardworking innovators .

ولكن حديثنا في هذه العجالة عن سمات العصور السابقة بالنسبة للاجتهاد والتجديد؛ حيث كان عصر الصحابة التابعين وعصر من بعدهم مباشرة كان من أعظم العصور الإسلامية التي شهدت حركة اجتهادية واسعة، وحركة حضارية، وعلمية، ودعوية نتجت عن الاحتكاك السابق التجديد إلى الدين نفسه؛ وهو لا يعني تغيير الدين الإسلامي أو تبديله، أو الزيادة فيه أو النقص، أو تغيير أحكامه أبدًا؛ فالتغيير في الدين ليس من حق أحد سوى الله تعالى، فقال تعالى: ﴿قُلْ مَا يَكُونُ لِي أَن أُبَدِّلهُ مِنْ تِلْقَاءِ نَفْسِي، إِن أَتَّبِعُ إِلاَّ مَا يُوحَى إِلَيَّ…﴾([8]). Islam shall be maintained and preserved in the text of the Koran, God said: ) I mentioned we went to him and I privates (([9]). As the year a statement it is also reserved. Therefore renewal shall be a revival of its features, «and try return it to what it was on grew up and back, so it looks with his like again; by strengthening what conquer him, and restoration ble, and repairing what انفتق, even back soon plagued cash out of date, and then re- ([10]); As the renovated for something exists, but hit this if we interpret “Debt” Contained in modern true religion; but comes to my mind a new meaning for him, which condemned him Islamic nation which enter the unjustly from fads and myths, and excessiveness, then comes the renewed individual or group Vinvy him distortion astray, overeating excessive, shortening excessive : «Still people of my invisible even came to God and they manifest»([11]).

And interpretation ” Debt ” Viz: What made his nation condemned acceptable in the language, and that the Prophet e supporter added ” Religion ” To the nation, did not Advh to God, or Islam. This means that condemned him Islamic nation, although on the face of the more is the religion of Islam, but they admitted the things, or left, or left things, Vkhaddawa to this total, it comes refurbished Phippdd these suspicions, and restores debt to صفائه and approach to Yahya instinct that mushroom God believers . This also does not mean a distortion in the Quran and Sunnah, but that people think that these increases or Altruck of religion, then it becomes clear right at the hands of these.

وظل الاجتهاد مزدهرًا إلى المنتصف من القرن الرابع الهجري، ولاسيما في ظل الخلافة العباسية التي أعطت الأولوية للفقه، وشجعت العلماء في مختلف العلوم على الإنتاج والإبداع، والترجمة من مختلف الحضارات؛ بل طلب بعض خلفاء بني العباس ـ رحمه الله ـ تأليف كتب كانت الأمة بحاجة ماسة إليها، مثل ما طلب أبو جعفر من الإمام مالك في تأليف الموطأ، وطلب هارون الرشيد من الإمام أبي يوسف أن يؤلف كتابًا لتنظيم الحياة الاقتصادية للدولة، فألف كتاب الخراج.

Led to this boom combination of factors, the most important: Communication between the institutions of the caliphs and scholars; as the practical application leads to solve everyday problems, Mmathery Jurisprudence. For example led movement of Islamic financial institutions (Banks and insurance) To broad discretionary movement in the field of economy and financial transactions.

In addition to this factor has helped in this way idiosyncratic social worker, goal of prosperity of communities and their culture and the diversity of sciences. Working as well as scientific, which codified the basic sciences such as interpretation of science, the Qur'an, and the Sunnah, and modern science, as well as the science of jurisprudence.

One of the most important features of this era in terms of discretionary diligence direct from the Quran and Sunnah; thus return them directly with making use of former left, and modern sciences, as well as to study the incident, which you need to diligence in all its aspects to download the text correctly.

Since the late fourth century, or the beginning of the fifth century appeared Care books madhhabs, but approach graduation and elicitation of texts imams doctrines, let alone explained and shortened and systems; thus tended Jurisprudence discretionary another turn is Mnhah former, and was a malfunction, but a coup in out approach deduction and inference.

There is another report provisions, where jurisprudence in the past jurisprudence download by connecting diligence incident only, and the starting of the incident to the judgment; but the opposite happened, where started treatment of theorizing to the incident, and appeared Methodology provisions naked; therefore I care purposes Sharia ([12]).

We in this quick do not deny the role of schools of Islamic jurisprudence scholars to enrich the religious jurisprudence, and treat problems of the times, but no one can deny the renewal diligence and atrophy if we measured the first three Ages Ages.

However, the weaker jurisprudence clearly is the fall of the Abbasid Caliphate at the hands of the Mongols and the Tatars the fall of Baghdad in (656 E), And pass in the nation and the scourge; but the unity of the nation returned again support Anthor religion Zanki, and Saladin, prompting activate scientific movement, and jurisprudence and Hadith in Egypt and the Levant, Iraq and other. Hence, Salahuddin diligence to jihad, and unite the nation to edit([13]).

Conclusion: Islamic jurisprudence since recent times has weakened its role, and that ijtihad or renewal which has decreased; no one reason, but for many reasons the search can not go into it, but the most important: Authoring methodology, which focused on the shortcut, then the explanation, and then footnotes, and related Bomat outages original books for scholars doctrines. And rely on conservation abstract without understanding, analysis and reflection. The most dangerous of all, not to return to the fountain net goal in the Qur'aan and Sunnah.

Ibn Khaldun have discovered this negative way, and damages, he said:

” I know that hurting people in learning, and stand on the objectives frequent authoring, and different expressions in the teachings, and the multiplicity of its roads, and then claim the learner and student invoking it, and then delivers his position collection; setting calls for the learner to save all or most and taking into account the roads, does not meet the age, including ”([14]).

And hit the Ibn Khaldun for example, the Code in the doctrine of the owner, and reading the explanations varied ways writers, scholars of Cordoba, Baghdad, and Kairouan, Egypt; learner as he said: ـ ” Not up to collection Bgith, nor recognizes him as fatwas unless these ways took note, and get them, with the provisions of the way and one of them exhausted Age”([15]).

Jurisprudence in the modern era of colonialism:

فقد أصيب العالم الإسلامي بنكسة كبيرة في مختلف مجالات الحياة، وبكارثة خطيرة من خلال الاحتلال المباشر وغير المباشر، منذ القرن السابع عشر الميلادي للهند، ثم الجزائر، والمغرب العربي، وأفريقيا، والشرق الأوسط، بل ومعظم العالم الإسلامي؛ حيث فرض المحتلون هيمنتهم السياسية والاقتصادية عليه، ولم يكتفوا بذلك، بل أبعدوا أحكام الشريعة عن الحياة السياسية والاجتماعية والعلمية، وفرضوا قوانيهم الوضعية على البلاد الإسلامية رسميًّا.

After the overthrow of the Ottoman Empire the new President of Turkey Mustafa Kemal abolish all laws and legal provisions applicable in the country, and replaced by Swiss law in 1926 ملحق بسير *الشماخي. Before that French laws were imposed on Algeria and the country occupied by France. Even Khaddaor Moez Ismail may impose other is on behalf of the French civil law which was mixed version is polite for the French Civil Code in 1876. And the imposition of English law in Egypt and Iraq, followed by Syria and much of the Arab world. The Italian law in Libya, Somalia, and so on…

He left this new reality that has not seen the like even in the Mughal era. And the impact of negative effects on the lives of Muslims in general, and particularly Islamic jurisprudence in terms of curriculum, writing and production, diligence and innovation.

Modern renaissance:

Began in the parameters of modern renaissance since the thirteenth century awakening, where he appeared a number of reformers and innovators in doctrine and ideology and doctrine likes Isfahani, and Shawkaani in Yemen, and Sheikh Mohamed Abdel Wahab Hijaz, then Afghan, and Mohammed Abdo, Mr. Rashid Rida, and Hassan al-Banna, and Mawdudi, and Sheikh .

And the beginning of the Renaissance emerged jurisprudence through magazine provisions Adliya, and groups of Allama Muhammad Qders Bashah, then comparisons, and jurisprudence Transactions.

The modern renaissance of Islamic economics has already begun after the adoption of the rule of the Islamic Research Academy keenness bank interest rates, and it forbidden riba which revealed the Quranic verses and prophetic in 1964, where it was actually set up the first Islamic bank in Dubai in 1975, then Development Bank. Islamic banks and rolled Tatar that reached hundreds and tens of thousands of branches, funds, Islamic financial institutions.

As the thought evolve with the application of Islamic jurisprudence in the field of Islamic financial transactions evolved dramatically able to solve complex problems for hundreds or even thousands of issues, facts and developments in the world of finance and economy, banks.

Staff renewal:

Staff consists of renewal and its basic elements from the four corners, a: Person refurbished, renovated and open signifier : A religion, and renewed his: A nation, and renewed: It renewal tools, and methods.

And try to recall the four corners with some brief:

The first corner: Renewed, a person who is available from renewal conditions in the field, who help him God for renewal; may be renewal in matters theological and intellectual marred by perceptions are incorrect, and heresies and superstitions, and his renewed corrected, and dissemination of true faith and thought right, and perceptions are correct, and so… As we shall see.

The second pillar: Renewed: It religion in its comprehensive sense of the faith, intellect, ethics and worship, and transactions, and politics and economics, and Islamic Jihad, and the judiciary, and human relationships. The term ” Debt ” In modern covers all called us, and so Valtjdid must include all these aspects, but Palmnian you provided to talk.

It is well known that the renewal him achieve things:

1- The right to know the religion of God as the Quran and Sunnah.

2- See Enter the increases or lack of it..

3- Ijtihad where a clear methodology to demonstrate the perfection and comprehensiveness, and its validity for every time and place, and its ability to successful solutions, but actually provide these solutions, which derived from its assets, and its principles and rules of the college, or partial texts.

4- Display the desired width contemporary language, attractive and compelling messages to show the beauty and splendor and was preceded and mortality. So Areas of a comprehensive renewal of all branches of religion and Sharia.

The third pillar: Renewed him, which: Islamic nation, and that are ready to renew, or prepared innovators him, such as this blessed awakening by the preachers and reformers in the various spheres of life jurisprudence, intellectual, and political, social, and ethical…

The fourth corner: Tools renewal, of which there are many, the most important: Science of all types: Thought, jurisprudence, whether fabricated in worship, or in transactions, or so. Or fabricated, politically, or economically…

Tools renewal may be done through planning and jihad conquests of various kinds; Such Noureddine Zanki visually through planning. The Saladin renewed through planning, editing and opening set, and so on. The renewal is the economic and social projects, offering people (Or group) Certain economic projects is either to revive the nation(Or any part thereof), And development, and recommending them, and save them from poverty and famine, unemployment or inflation… The present a socially Vtaathakq project Relief nation out of a social crisis, and so on.

Vaduat renewal many achieved by saying, mind, intellect, and jurisprudence, and new technologies, ideas, and projects of economic, social and political.

Between innovation and diligence:

The supplies for the renewal of ijtihad, there can be no genuine renewal with tradition and bigotry, and we must know here that the tradition Castaway is not followed and role models, and approved and taking the opinion of the scholars did not have science, the Almighty said: ) Ask the people of the Reminder if you do not know (([16]).

The tradition is objectionable deadlock on the thought of a person or a particular doctrine, and not Tzhzha him whatever evidence is clear strong. Moreover, people in science mattresses; them has the ability to ijtihad must diligence so long as the conditions are available. And some of them are able to shoot with civil, he should do so. Some of them do not have the capacity to science; They must ask the people mentioned, but may not intolerance opinion at all, even if he has no evidence.

The first topic:
How innovation in the Islamic jurisprudence economy and financial transactions

Intended for renewal in the jurisprudence of the economy and the financial transactions contemporary is achieving the following:

1- Renewal of economic thought and economic system, and economic theories through the assets of intellectual integrated, and practical solutions effective for all the economic problems of local and global, linking tightly between assets and solutions, and between particles and colleges, and between sub-issues and evidence of partial and general purposes of the law of glue.

2- Renewing assets elicitation of economic issues and methods in order to be able to renew jurisprudence; because any renewal of jurisprudence is not only through the renewal of the curriculum, and because the jurisprudence is elicitation approach that emerges from it directly jurisprudence. It is not intended to renew jurisprudence underestimated rules fundamentalism, or question, or change, but does this mean what comes:

A) إعادة النظر فيما ليست له علاقة بعلم أصول الفقه واستبعاده من خلال منهج أصولي واضح كما فصله الإمام الشافعي ـ رحمه الله ـ في الرسالة، وكما بينه الإمام الشوكاني؛ حيث بيّن أهمية التجديد في علم أصول الفقه؛ لأن فيه بعض المسائل تؤدي إلى التقليد، بدل الاجتهاد؛ ولذلك فرض على نفسه في كتابه الحصري “Guidance to the attention of the assets stallions “: That shows the correct of the less correct view, and sick of the right, and fit to enter it in the science of jurisprudence, and what does not work by connecting diligence have worked out from the Quran and Sunnah, he said “And out of the path elicitation: Neil provisions of text visible, or conservation issues, or Astalamha mufti, or disclose it in books, that though incredible upon linguistic diligence, it is incredible diligence terminological”([17]). As inventory diligence in diligence absolute direct; therefore stated the terms of this type only, a science book and the year, especially regarding provisions, and knowledge of issues consensus, science assets jurisprudence, and copyist and copied, and Arabic, which stressed the Vastrt to have the Queen being able to learn the meanings ([18]).

B) ربط الجزئيات بالمقاصد العامة، والمبادئ العامة، والقواعد الكلية، والتوازن بين الوسائل والغايات، وبين الفرعيات والكليات، وبين سد الذرائع وفتحها، وبين فقه المآلات والأحكام الظاهرة.

A) استحداث بعض الأصول المهمة التي تساعد على الفهم والاستنباط، مثل فقه الميزان الذي لا يستغني عنه باحث، ومثل المنهج الزوجي في الفهم بدل المنهج الأحادي.

3- Seek to extract colleges and general rules, or the so-called general principles, or general theories are organized through many branches and different issues.

Concern endoscopically and graduation Altqaid is one of the most important types of renewal in our time, this movement has been active through theses in various jurisprudential principles and theories such as: The principle of consent in contracts, such as the theory of abuse of right, and others, bringing together all the issues on the subject of principle or theory, and well-arranged arrangement easier for researchers to refer to the subject, and gave them the idea of ​​comprehensive exhaustive.

4- Jurisprudential comparisons within whole schools of Islamic jurisprudence of Hanafi, Maliki, Shafi'i, Hanbali, and Zaydi, Ibadi, virtual, and Imami, but reached the defunct doctrines opinions, and opinions companions and followers.

These comparisons caused wide doctrinal movement led to the revival of comparative jurisprudence, especially if the right approach committed to the following:

A. Said the views of all creeds from reliable sources accurately and objectively.

B. Editing dispute, and the statement of what is agreed upon, and what is different in it; any accurately determine the dispute and depth, with an indication of the effects of the dispute, if any.

A. Each team said evidence with honesty and integrity.

‌د. Discuss each different part of the evidence.

‌هـ. Statement likely which يرجحه directory without intolerance of any opinion whatsoever on the opinion.

‌و. Most correct opinion evidence, and its applications, and its effects on reality.

5- Connecting diligence jurisprudence balance, which helps a lot to understand the Quran and Sunnah.

6- Jurisprudence Department circulated include jurisprudence priorities, and the jurisprudence of balances and weights, and the jurisprudence of reality and knowledge of jurisprudence stages; Vvgah empowerment is jurisprudence vulnerability (Jurisprudence Meccan phase is civil jurisprudence stage), And the jurisprudence of Sunan, Sunan ruling display of the universe, and his Sunan ruling Ilanit * /. The life industry, and industry of death, where to stay, empowerment and nail and victory, and strength for the better, where God says) Laam-Meem is over all things * Who created death and life that He may try which of you is best in deed (([19]).

Through this totalitarian doctrine, and this thinking real depth achieved renewal.

7- Extreme care jurisprudence Downloads with the understanding of the text; any download text on the incident, where the role of ijtihad appears significantly with the collection of texts including definitive texts. Where we see that the Caliph Umar text does not apply hyperbolic complex in the extent of theft of through jurisprudence download; deterministic because that text does not apply to the case of famine, because it is my sincere full element of the crime, and this is not consistent with the state of famine.

As a matter of jurisprudence Download terms and conditions laid down by law, or jurisprudence to be, or Muharram…

And not paying any attention to this doctrine and renewal of it occurred and still are serious errors, particularly among young people enthusiastic faithful who applied texts jihad and fighting and the spoils without regard to the jurisprudence. Thus challenged jurisprudence understanding and significance to the jurisprudence and download investigation.

In order to achieve this doctrine put scholarly investigators and a group of assets important asset, for example, a group of scholars and especially tap plaudits, and custom measurement to rein. As others have put purposes of law jurisprudence download service, and so on.

8- Comparison between Islamic jurisprudence Bmmahbh, and between man-made laws, or position other economic systems, political or.

This comparison between the two systems (Islamic) And(Postural)According to Islamic jurisprudence, a great benefit in terms of treatment, but on one condition, that does not sacrifice the methodology of Fiqh and controls in order to reach the legal base.

May not be read jurisprudence through the rules of law, doctrine in the context of legal theories; otherwise have entered the world of tradition, and simulation, which is the most negative of the tradition of procedure.

9- Connecting jurisprudence humanities, especially social sciences, psychological, educational, but science relevant, such as medicine, not correct the jurist opinion on the subject of social or psychological, or educational only if he has knowledge of these aspects, or that uses one of the specialists where. The same applies with regard to issues such as medical: Provisions of the fetus. And the death of the patient in the case of the movement of the heart device, but with brain death. And DNA issues, and other([20]).

The imams had been paying attention to these ex-science, was mostly Mosusaan collected between doctrine and assets, and other sciences, and invested for the benefit of jurisprudence, such as al-Ghazali, Ibn Rushd, Razi, and others. Therefore Ghazali stressed bearing down on the line between science and other law, dividing the whole science to what is of hypotheses eye, or enough, or mustahabb, and permissibility([21]).

In the area of ​​due diligence in the economy and its renewal, it can not be achieved only through the deep knowledge of the science of social, political and towards them.

10- Collective ijtihad: Has been known as ijtihad of fiqh councils, such as: International Islamic Fiqh Academy of the Organization of the Islamic Conference, the Islamic Fiqh Council of the Muslim World League, and the European Council for Fatwa and Research, and the Islamic Fiqh Academy, India, Sudan, and follow her jurisprudential conferences and specialized seminars jurisprudential.

This type of endeavor is based on consultation and discussion between the members and attendees to access the opinion, or fatwa, or a resolution passed unanimously present, or their majorities. وهذا ليس جديدًا، بل كان هو الأصل في عصر الخلافة الراشدة بالنسبة للقضايا الاجتهادية التي تهم الأمة الإسلامية، حيث سار الخليفة الأول أبو بكر الصديق ومن بعده من الخلفاء الراشدين ـ y جميعًا ـ على هذا المنهج، فقد كانوا إذا عرضت عليهم مسألة جديدة نظروا في كتاب الله تعالى، فإن لم يجدوا فيه نصًا نظروا في سنة رسول الله e، فإن لم يجدوا فيها جمع الخليفة علماء الصحابة وكبارهم، واستشارهم في القضية المعروضة. The Roy Baghawi and Bayhaqi with a saheeh isnaad Maimon Ben Mehran, said: (Abu Bakr was if it received opponents consider the Book of Allah, he found serving them spent, although not in the book and learned from the Messenger of Allah e about it years spent, smth came out, he asked for Sunni Muslims, said: Came to me and so and so, do you know that the Messenger of Allah e spent to spend?…. Smth collect the heads of Muslims and their scholars and consulted, the unanimous opinion of the thing spent, and Omar was doing it…, So if the issue raised, said: Claimed me graduate, and claimed me Zaid, was consulted, and then separates the agreed upon)([22]).

Has sent Umar message to the Canadian judge Shurayh (ت78هـ) When lah spend Kufa, in which he said: «Attac is not in the book of God and did not enact the Messenger of Allah 'e, judge what people are unanimously agreed…»([23]).

Indeed, Abu Huraira described Messenger of Allah e frequent consultation of his companions, he said: “I never saw anyone more consultation to his companions of the Messenger of Allah e »([24]).

Bukhari held Pope translated him: Door of the words of God) and ordered them to mutual consultation (([25]),) And command Haoarham (([26])Then he mentioned the Prophet e consultation to his companions one day to do, go out and saw him exit… Said: “Schauer Graduate and Osama threw the people of fabrication Aisha… The Imams after the Prophet e consult Trustees of the scholars in the permissible things take Boshlha.. The owners readers advice Khola they age or young…)([27]).

And Haafiz Ibn Hajar said a large number of consulting Caliphs y([28]).

Have walked on this approach senior officers, this is the fifth Caliph Omar bin Abdul Aziz as Crown City collect ten of jurists([29])He told them: “But to invite you to is Tagron, and you will be the aides on the right, what I want to cut is only your opinion, or the opinion of those who attended you ([30]).

This discretionary approach based on the advice applied these Caliphs pursuant to the command of Allah Almighty Shura in all things, but is the Messenger of Allah e and biography; God ordered the Shura Council, said the Almighty: ) And command Haoarham (([31]) He described the faithful saying: ﴿وَأَمْرُهُمْ شُورَى بَيْنَهُمْ﴾([32]).

Maalik and Tabarani Saeed bin Musayyib Caliph Ali t, he said: «I said, 'O Messenger of Allah, it come down to us down the Qur'an, where you have not gone years? : «Unanimous his worlds, or said: Abidine believers, Shura Vadjaloh among you, you do not spend the opinion of one ([33]).

But collective endeavor despite its importance is not a substitute for diligent individual, it does not prevent him; as diligent individual is the most important tributaries to him, as it is the most friction day-to-day problems of the nation, and issues of renewable and many Noazha.

11- Fragmentation diligence: It is important in this field what was said by a group of fundamentalists such as al-Ghazali([34]) Which was followed by an audience of fundamentalists in the fragmentation of diligence([35]). And is intended to be diligent scientists in one section, such as transactions, or the issue of one of them and be diligent in other. This is what happens in our time through specialized Theses PhD; where you can become the owner diligent on the subject of his message if diligence conditions are met.

12- Codification of Islamic jurisprudence and legal drafting in the form of material organization tidy, and so easy to understand and refer to it, and even know المتخاصمان opinion, apply to them, but without sacrificing the characteristics of Islamic jurisprudence.

The rationing began Islamic jurisprudence since the start of the judicial provisions magazine 1285 H 1869 H, then the decree applied in August 1293 e contain 1851 Material transaction involving the Hanafi school, and included in the chest 99 Base, and arranged their doors and classrooms along the lines of the civil law([36]).

The Ottoman state issued thereafter Family Rights Act of 1336 AH.

The mark Muhammad Qadri Pasha (ت1306هـ) Issuing three books drafting a legal: Morshed Hieran to know the human condition in legitimate transactions on the view of Abu Hanifa in 1049 Material. And legal provisions in the Personal Status 647 Material. The law of justice and equity to eliminate the problems of Awqaf 646 Article Hanafi([37]).

The mark Mustafa al-Zarqa strenuous efforts to codify and inherently, and especially in his book: Unified personal status law.

In the field of jurisprudence and transactions of Islamic economics is legal and accounting standards of the most important contemporary technologies.

13- التشجيع على الاجتهاد بنوعيه، مع توفير مستلزماته:

أ- Diligence based on the study of the Islamic nation of intellectual wealth and doctrinal and civilized, then weighting What يرجحه evidence and the purposes of the Islamic Sharia, and a selective process impartial access to the treasures of experiences and Barakat([38]).

This selection and weighting, discharge or liquidation should not stop at the borders of Fiqh, but does not have to include all our intellectual and cultural wealth which Euclid top in the world of interpretation, and talk, and assembly, and psychology in addition to the Principles of Fiqh.

The purpose of this endeavor to achieve four objectives:

One: Take advantage of the existing solutions as they are within this great wealth, as most of the old and new problems, repeated with repetition time, and questions about repeated with the ages and times.

II: Take advantage of the solutions Jurisprudence and Islamic thought and its assets through some adjustment, calendar, or for adults to wear a dress modernity, or through misrepresentation acceptable consensus, for example,: The public say that sanctions haraba mentioned in the verse) he who saved Allah and His Messenger, and mischief on earth to kill or crucify or cut off their hands and feet from opposite or deny land them went on them in the Hereafter will be an awful doom (([39])Down each and every one of them to a certain group of criminals; Whoever kills and takes money killed and crucified…, And so on. While Maliki give freedom to the Imam or his representative in check as it deems interest, we can today to make the view of the majority is the original, and Maalikis in certain cases provided for in the system (Law) Punitive example .

Third: Reconsider the evidence relied upon by scholars and fundamentalists and intellectuals old texts presumptive indication attested, or indication only, or attested only; These three types need to reconsider the meaning and context and goals, as nominated and confirmed by age, for example, the bulk of jurisprudence previous meaning of the words : ) And necks (([40]) Revolve around it meant slave editorial offices who wants, or Emancipation directly. Since slavery was over, and that this ultimately intended for street through legislation, and as the Qur'an Khaleda we revisit the meaning, Fujdnah not text in meaning former; but intended from the humiliated neck, which is the meaning of Khalid does not end, as applied today on peoples ([41]).

Included in this area to reconsider what was built on what he claimed consensus was found later that consensus fundamentalist did not materialize; but was consensus Scotia, or it proved contrary other, or that the consensus was based on custom, or interest Climate custom day or interest .

As well as what is built on a custom should be reconsidered; because the required custom is custom comparative rather than the previous custom; says Imam Quraafi: (Because the provisions of spin returns with whatever Dart. And invalidate them if invalidated; such as cash transactions and defects in symptoms in Albeaat and so. If changed usually in cash and other rail to rail to get the price to sell at all on the railroad, which usually renewed without what came before. Also, if the wrong thing in clothing usually we responded Sales If the habit changes and became so hated loved as a reason for increasing the price did not respond. With this law, all provisions are ranked on revenue of achieving a complex between the scientists do not dispute it, but there may be differences of opinion to achieve is found or not ?The editing on this show that we know today is not the alliance by fasting for two consecutive months is not hardly find anyone in Egypt swear, it should not be fatwas, and their habit say: Abdi is free, and my wife are divorced, and to walk to Mecca, and Mali charity that did not do well; Vtelzm these things. On this law takes into account opinions along the days, no matter renewed in custom considered and whatever fell drop, nor freeze on Almstor in books along your age, but if comes to a man from the People of Akulaimk Istvtic not entail a custom home, and ask them knew his country and wage it, and passed . And on this basis graduate Iman of divorce, Alataq and formulas Abaúh and metaphorical; has become explicit metaphor lacks faith, has become a metaphor explicit Mstgneh intent)([42]).

As well as the revision of certain provisions taken from the Hadith in terms of classification on the basis of what the Prophet e communication from the Lord of the Worlds, or on the basis of it than what virtue of being an imam, or a judge, or that Andreu because norms prevailing in his time e, ([43]).

IV: Revive some of the views of individual non doctrines famous migrating earlier eras because famous doctrines adopted in the Islamic world, a consensus rare for some companions, or followers, or scholars throughout the ages; example was the opinion of Ibn Taymiyyah based opinion of Ibn Abbas not fall three shots . Today, this view applied in most of the laws of the Islamic world on the family, but the rescue of the family.

With- Diligence construction that handles its new issues that have no precedent in earlier eras, there are many in the world economy, and financial transactions; There developments were not present in previous eras, such as joint-stock companies, stocks, and paper money, insurance, banks and the accounts and investments .

There contemporaries say: All this must be addressed through the existing jurisprudence, chanting the words of those who say: Did not leave the top of the end of something, but the right is what the people of the investigation: How the top left of the late([44]).

Yes, diligence in these issues is restricted by the general principles, and purposes of the law, and general controls of the judgment, and conditions that must be met.

والاجتهادات في عصرنا الحاضر متاح لأهله؛ بل هو أيسر من السابق؛ لأن تقنيات العصر سهلت على المجتهد تسهيلاً لم يكن متوافرًا في السابق، فالكتب الكثيرة المطبوعة المتوافرة في جميع المذاهب، والعلوم لم تكن متوافرة في السابق مثل اليوم، ناهيك عن وسائل التصوير والوسائل الالكترونية التي تعطي الباحث الكثير من البحوث والمعلومات بمجرد إدخال المصطلح في جهاز الحاسوب، ناهيك عن الكتب الجامعية للفقه أو للحديث، أو التفسير…., And ease of photography and transport. Ahmed Ibrahim says your: (To know that we have now a rich treasure of valuable works in the interpretation and encyclopedias year and modern explanations which were not accessible and quality of the whole sum when righteous forebears, one of whom was deported to remote country to request one modern, modern or… Wholesale and Valajthad Mysore now promised integration integrated more than was the case before)([45]).

14 Extreme care of the mind and activate it, and re-role in the shadows of the revelation, reason with the Custodian of the revelation, we do not find we do not have a maximum first his care system mind like Islam.

Muslims today but a short time ago between excess and negligence in the right mind; Some of them try to isolate him, and deported or minimize his role and would. Some of them give him roles outside his constituency and his ability, and make him governor of al-Shara, and this is no less than a number of our former, even Isolationists said: That ruling is Shara, but the role of the mind in a statement ills, judgment, and revealed good and the ugly.

Ours present needs to take mind his role in the intellectual life and discretionary and civilization in the context of perfect balance and comprehensive integration between revelation and reason.

The truth is that the mind in addition to being the focus of commissioning it the only effective way of judgment and inference and selection and weighting, and the role of the mind accompanies all sources of Fiqh, and all texts, even if the text is strictly the role will not end where looking for jurisprudence download and reality and how the application and gradualism, .

As with the rest of the three types of texts (I think both constancy and significance, and only presumptive constancy, and I think only significance); The role of a great mind in terms of due diligence, elicitation and search for everything that surrounds them of the circumstances of.

As if there is no text in the amnesty also the role of the mind is exacerbated, and swells greater access to a balanced opinion.

But the mind in all types of diligence guided by the light of the revelation, and informed by the general principles and lamps the overall rules of the law of glue.

15 Renovating teaching methods and jurisprudence from economic doctrine and training, and its authorship, and the development of comprehensive programs to stimulate the diligence and innovation.

16 Establishment of institutions concerned with industry hardworking and scholars, as did King regular school system in Baghdad and elsewhere, so he wanted to revive the science of religion again, What Ahojna today to such institutions that industry men, men of thought and jurisprudence.

15 ـ الاستفادة من حركات التأريخ، ودورات الحضارة، والترابط الوثيق في الحضارة الإسلامية بين حظيْ العلم والتكليفية، والعلوم الطبيعية حيث سارا بخطى ثابته متوازنة ومقارنه. So we found diligent scholars bones in various forensic science at that time scientists have found bones of Applied Science from the medicine, chemistry and astronomy…

The stop the tide of civilization and the emergence of tradition and inertia leads to stop the movement of science, diligence and innovation, and that there is a correlation last between political repression and prevent renewal; pointed Quran that people who do not have the freedom not hoped it good; but becomes a burden to the State Occlusive itself, : ) Hit God, for example, a slave owned not able to something and Rozknah us sustenance Well he spends it secretly and openly enjoyed equally Praise be to God, but most of them do not know * وَضَرَبَ اللهُ مَثَلاً رَّجُلَيْنِ أَحَدُهُمَا أَبْكَمُ لاَ يَقْدِرُ عَلَىَ شَيْءٍ وَهُوَ كَلٌّ عَلَى مَوْلاهُ أَيْنَمَا يُوَجِّههُّ لاَ يَأْتِ بِخَيْرٍ هَلْ يَسْتَوِي هُوَ وَمَن يَأْمُرُ بِالْعَدْلِ وَهُوَ عَلَى صِرَاطٍ مُّسْتَقِيمٍ﴾([46]).

Renewal real achievement of contemporary techniques in education, education, teaching and authoring, where we found a number of ways, including:

What lies in education and teaching methods applied in the Ministry of Education in the Arab and Islamic world. They mostly do not made jurisprudential Queen, and mental fundamentalism, and analytical methods, in addition to the programs where depth doctrinal and linguistic…

The second topic:
Permissions innovation in the economy and financial transactions

No doubt it is one of the most important controls for renewal or diligence, but the first is the availability of capacity self, and qualifications mentioned by our scientists in detail when eating Terms industrious of all kinds, and conditions Mufti of knowing Arabic Nhawwa and assembly, and a statement and eloquence, and philology, and the knowledge of jurisprudence …

But we are talking in this quick for most other controls on the economy Replenishment and Islamic financial transactions, which is in addition to the previous requirement as follows:

First: Commitment principles of legality, and the overall principles of Islam, it is not permissible for any discretion under the cover of renewal or other to get out of definitive texts (Attested indication), Or contradicting;, it is not permissible under any cover analysis of usury (Deism benefits) However, in case of necessity for the debtor, which should not be exaggerated.

But this condition will not paralyze diligence and innovation, but regulated the constants that protect the nation from melting and thawing, and the legislation of distortion and misinformation, and keep the nation differentiation intellectual and lumpy, and the legislative and ethical.

This requirement is in fact working in a circle is not wide; since it keeps the diligence ample room, and finds plenty of place in four broad circles permitted by Islam that persists and touring, a:

1. Department texts presumptive significance only, which is too many of the Quran and Sunnah.

2. Department texts only presumptive constancy, which include most frequent conversations except.

3. Department the presumptive significance texts and texts that together, which is also not a few of hadiths.

4. Department pardon any area that did not want the text as previously.

Secondly: See the note and economy system, and economy in whole or in part, and theories, and whether capitalist free, or restricted, or a socialist, or communist; Knowing this science his different views according to forensic researcher great benefit. The biggest problem we have today is the scarcity of combines depth idiosyncratic economic and depth, and that requires actually study this flag next to the jurisprudence of transactions and Islamic economy to be able to diligence and creativity away from repetition and Ensnarement.

Thirdly: To have knowledge of the science of the era of the humanities and applied to the extent that it needs diligence, says Imam Shawkaani: “We have found a lot of science that are not of Shara useful science a great interest and great pay المبطلين and fanatics and opinion research, and engage in evidence”([47]).

IV: See social and economic changes and political local and international, as these changes a major role in the economic life; occurred changes huge in our time, especially in the economic field and appeared significant problems, and economic crises led to economic recession, high inflation and unemployment eerily. These situations do not come alone, too, but is linked to the political and social conditions and global politics, and the policy of war and peace.

ولذلك ينبغي للاجتهاد الإسلامي أن يتجه نحو إيجاد هذه الحلول من منطلقات تحل مشكلة الفقر، والفروق الطبقية، والتضخم ونحو ذلك، ويتجه نحو تحقيق وسائل التنمية الشاملة، وهذا ما يوجه الفقه الاقتصادي إلى ترجيح الأقوال التي تشد أزر هؤلاء، وتؤدي إلى تحقيق مقاصد الشريعة في الاستخلاف والتعمير؛ فمثلاً حينما ندرس الأقوال والآراء الاقتصادية لفقهائنا فإن المطلوب أن نرجح ما يحقق هذه المقاصد، ولذلك يتجه الفقه الاقتصادي المعاصر إلى ترجيح قول أبي يوسف في تفسير الاحتكار بأنه: (Everything hurts people imprisoned is a monopoly, whether staple food or other). And weighting Shaafa'i in achieving fully enough for the poor so that gives him out of the proceeds of Zakat sings longevity of through enriched Pettmen and means of his craft, or trade. And weighting Ibn Taymiyyah in pricing passport, but it is obligatory if manipulation of prices, traders, and monopolized goods to raise the damage from the people, and passport state intervention to protect the weaker party. And Ibn Hazm weighting should be solidarity between rich and poor country, so forcing the Sultan so if you do not their zakat.. ([48]).

Then economic know-Faqih economic crises, and their causes, and solutions, and successful experiences, or failed, and the various theories of great benefit, and solutions; because human trials are the property of all, and that what is needed to begin where the other ended. Therefore taking the caliph Omar the system diwans applied in the Persian Empire, and thus began positive cultural friction, and scientific and social interaction at the same time.

The Islamic economy, and even jurisprudence aside from Thoapthma of definitive texts and principles college human judgment and mental production albeit in light of the revelation, and therefore should benefit from the experiences of the past and the reality of the times.

V.: That is renewed within the system jurisprudence of jurisprudence and its sources, and the rules and graduation, and not inside a circle of others of the economy, law or other must also says Professor Sanhoori be placed public perceptions of Islamic jurisprudence from within this doctrine itself, and its curriculum and its terms of reference reliable; )([49]). This does not, in my view to prevent renewal of drafting and take advantage of the mechanisms and treatment solutions…

* * *


*Rationing and innovation in contemporary Islamic jurisprudence held during the period (28-2) April 1429 / ( 5-8) April 2008 – Lectures Hall Sultan Qaboos Mosque.

**Professor at the Faculty of Sharia _ at Qatar University.

 

[1]) Surat parties: 40.

[2]) Surah: 3.

[3]) Nisa: 83.

[4]) Al-Tirmidhi and Ibn Majah and others Bssandem for Salman Farsi said: Asked the Messenger of Allah e margarine, cheese and fur, he said: «I'm what God has permitted in his book, The Sacred what Allah has forbidden in his book, and kept silent about is out of date you. In another novel narrated by the ruling and wording Bazaar: «It piled amnesty from God's recovery, God did not forget anything, and was followed by: ) What was your Lord forgetful ( (Maryam: 64)».

[5]) Hadeeth narrated by Abu Dawood in his Sunan, modern 4270. The ruling Mustadrak (4/522). Narrated by others, and Albaani mentioned in the correct series of conversations 599.

[6]) Mosque assets: 11/ 320 – 324.

[7]) D. Yusuf al-Qaradawi: His research is marked by: Renewal of religion in the light of the year, published in the Journal of the Research Center year and biography, second edition 1407, p 25.

[8]) Yunus: 15.

[9]) Al Stone: 9.

[10]) Meets all the conditions legitimacy. D. Yusuf al-Qaradawi: Renewal of religion in the light of the year, research published in the Journal of Research Center year and biography, Qatar University, No. 72, 1987, p 29.

[11]) Modern Agreed.

[12]) Review: The previous reviewer, Dr.. Abdul Majid al-Najjar in the jurisprudence of religious understanding and Downloads, in a series of fungal nation (1/68). And renewal of landmarks idiosyncratic approach, model Shawkaani, a series of books of the nation, p.

[13]) Search of Dr. Ali Al Qaradaghi Title last thousand at the University of Qatar on the occasion of the anniversary of Saladin.

[14]) Provided, i. Thought House, Beirut, pp.(231).

[15]) Ibid himself, and renewal of the curriculum features idiosyncratic…

[16]) Surat bees: 43.

[17]) Guidance stallions, p 250, and beyond.

[18]) Ibid, pp. 251-252.

[19]) Al King: 1-2.

[20]) Review for further research: Meets all the conditions legitimacy. D. Ali Mohiuddin Qara Dagi, or. D. Ali Yousef Mohammadi: Jurisprudence contemporary medical issues, i. Islamic Dar Gospels, Beirut, 2005.

[21]) Revive the science of religion, c 1.

[22]) Fath al-Baari, 13/342. The flags of the two sites, 1/62.

[23]) Flags signatories, 1/65. And review: Fataawa Ibn Taymiyyah, 19/200 – 201.

[24]) Narrated by al-Tirmidhi in his Sunan, Book of Jihad with a masterpiece Ahwadhi -5/375.

[25]) Al Shura: 38.

[26]) Sura: 159.

[27]) Sahih Bukhari - with conquest - 13/339 – 340.

[28]) Fath al-Baari, 13/342.

[29]) Illusion: Urwah ibn al-Zubayr (ت94هـ) Abu Bakr bin Abdulrahman (ت94هـ), And Obaidullah bin Abdullah bin Zaid (ت98هـ), And beyond bin Zaid (ت100هـ), And Abdullah bin Abdullah bin Omar (ت105هـ), And Salim bin Abdullah bin Omar (ت106هـ), And Solomon ibn Yasar (ت107هـ), And Qasim ibn Muhammad (ت108هـ), And Abu Bakr bin Suleiman bin Abi Hathmah, and Abdullah bin Amer bin Rabia (T. couple and 80 e).

[30]) Tabari, i. Knowledge House, Beirut, 6/427-428. And review of the collective judgment: Dr. Yusuf al-Qaradawi: Ijtihad in Islamic law i. House pen in Kuwait 1985, pp. 101 et seq. Like. Shaaban Mohammed Ismail, i. Islamic Dar Gospels, Beirut, pp. 24-25.

[31]) Sura: 159.

[32]) Al Shura: 38.

[33]) Narrated by al-Khatib, bonds from the owner, and Attabarani well as in the East; review: Majma, 1/178. And inform the signatories, 2/254.

[34]) Almstcefy.

[35]) Explain the planet enlightening.

[36]) Mr. Zarka: Entrance idiosyncratic year, 1/198.

[37]) Ibid, Dr.. Mohamed Zaki Abdalber: Codification of Islamic jurisprudence, i. Qatar, p 61. Or. D. Mohamed Dessouki, Dr.. Amina Al Jaber: Introduction to the study of jurisprudence, i. House of Culture, Qatar, pp. 290 - 194.

[38]) Al-Qaradawi: Diligence, p 114- 115; Named this selective diligence, and the second type structural diligence.

[39]) Surah: 33.

[40]) Sorhbakrh: 177.

[41]) Look: We discussed: 'Necks', submitted to the First Symposium of the world body to contemporary issues of Zakat, which was held in Cairo.

[42]) Differences for Aqrafa, 1/176-177.

[43]) Review: Jurisprudence contemporary medical issues, pp. 131-135.

[44]) Al-Qaradawi: Ibid, p 102- 107.

[45]) Science of jurisprudence: Ø. House supporters in Cairo, p 108.

[46]) Surat bees: 76، 77.

[47]) Review: Guidance stallions, p 156.

[48]) Review: Meets all the conditions legitimacy. D. Yusuf al-Qaradawi: Ibid, p 121 - 122.

[49]) Right sources, 1/ 6.

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