Fiqh Al Muamalat Pdf
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• • • Muamalat (also muʿāmalāt,: معاملات, literally 'transactions' or 'dealings') is a part of jurisprudence,. Sources agree that muamalat includes Islamic 'rulings governing commercial transactions' (Islamic Banking and Finance Institute of Malaysia and Majallah al-Ahkam al-Adliyyah) but other sources (Oxford Islamic Studies Online, Brian Kettell, and Wahbah al-Zuhayli’) give it a broader definition including civil acts and in general all aspects of fiqh that are not (acts of ritual worship such as prayer or fasting). (See organizational chart of the structure of Islam below in 'Principles' section.) Mu'amalat provides much of the basis for, and the instruments of, and deals not only with Islamic legality but also social and economic repercussions and the rationale of its prohibitions (according to Monzer Kahf). • • • • commercial and civil acts or dealings under Islamic law, (Oxford Islamic Studies Online); • what involves acts of interaction and exchange of sureties and sales (Oxford Dictionary of Islam); • “the knowledge of Shariah rulings that relates to the practical aspects of a mukallaf (an accountable Muslim, i.e. An adult and mentally competent) in the area of business and financial dealings and derived from its detailed evidences.” (Abdullaah Jalil, Asharaf Mohd Ramli, Syahidawati Shahwan. Based on the definition of fiqh established by the founder of the school of fiqh, (204 AH)) • all engagements that take place in business, ('corporate sharia elite' according to Patricia Sloane-White); • Islamic jurisprudence of transactions, and the principles upon which Islamic finance is based (M.R. Ab`Aziz); also the study of 'the legal framework within which economic transactions are conducted in an Islamic society' and that 'determines their contracts' (Monzer Kahf); • that aspect of Islamic jurisprudence that deals with civil obligations, (Jamal J.
Nasir); • 'any form of mutual dealings held between men to solve their everyday needs, especially in matters relating to trade and commerce'; also 'a social relationship which consists of various economic and non-economic activities.' ( Takaful Basic Examination of Islamic Banking and Finance Institute of Malaysia). According to at least one author (Monzer Kahf), Mu'amalat 'sets terms and conditions of conduct for economic and financial relationships in the ' and provides the 'grounds on which new instruments' of Islamic financing are developed. Nikki yanofsky ella of thee i swing rar file free.
It also extends beyond discussions of Islamic legality 'to the social and economic repercussions of alternative legal forms of economic or financial relationship and analyze the rationale behinds [sic] it.' Principles [ ]. According to Hosein Askar, Zamir Iqbal, and Abbas Mirakhor, a 'significant subset' of muamalat 'defines the conduct of economic activities' within the economic system, which 'ultimately lays down the rules for commercial, financial and banking system.' Basic principles [ ] According to Aznan Hasan, basic principles of muamalat, are that dealings and contracts in Islam. • are permissible until evidence is given proving otherwise; • must be based on mutual consent; • must be in accordance with the (goals of) al shariah; • should facilitate the circulation of wealth and property; • should be transparent; • must observe justice and fair dealing. Theories of Muamalat [ ] According to Abdullaah Jalil, Asharaf Mohd Ramli, Syahidawati Shahwan there are four 'theories' that underlie the framework of Mu'amalat dealings: • Ahliyyah (Legal Capacity).