أثر دلالة المسكوت عنه على الأحكام الشرعية في الاجتهادات المالية المعاصرة

Abstract

Islamic law did not stipulate the legal ruling for every incident, but rather came with general matters, since the events between people in their personal, temporal and spatial dimensions are infinite and the texts are limited, which led to the existence of events that are not stipulated. Therefore, this study came to address the problem of the nature of what is not stated, and the extent of its indication of the legal rulings and its relationship to contemporary financial reasoning. It aims to highlight the truth of the silence of the Shari’a by standing on the existence of the requirement and the absence of the impediment or not, and to clarify its significance, as well as its role in the circulation of the contemporary movement of ijtihad, due to its importance represented in its connection to the jurisprudential view related to rulings and the objective view, and due to its realistic scientific impact on our contemporary life. The results showed that the release of what is not mentioned in Sharia is an exaggeration because the facts are not free from the ruling of God, and that this conflicts with the perfection and flexibility of Sharia. As for its significance, it is an inferential or dependent significance. From what was mentioned, the importance and impact of contemporary financial ijtihad in renewing Islamic jurisprudence appears on the one hand, and in treating contemporary financial problems that are not mentioned and finding solutions for them on the other hand, by activating it with its various mechanisms and methods.