Formalism versus Purposivism in Islamic Jurisprudence: The Case of Islamic Finance Law
This manuscript critically discusses the current implications of the scriptural injunctions against gharar and maysir. It elaborates how overlooking the features of the contemporary world and adopting a formalistic approach in Islamic jurisprudence have led to absurdity in the implication of the doc...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2023
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| In: |
Religions
Year: 2023, Volume: 14, Issue: 4 |
| Further subjects: | B
Islamic finance law
B purposivism B maysir B maqāsid al-sharī’ah B gharar |
| Online Access: |
Volltext (kostenfrei) Volltext (kostenfrei) |
| Summary: | This manuscript critically discusses the current implications of the scriptural injunctions against gharar and maysir. It elaborates how overlooking the features of the contemporary world and adopting a formalistic approach in Islamic jurisprudence have led to absurdity in the implication of the doctrines of gharar and maysir for Muslims’ financial activities. The manuscript also underscores the necessity of adopting the maqāsid approach (purposivism) in Islamic jurisprudence. It propounds that the cogent concern of the injunctions could have been an initiative for Islamic scholars to establish an advanced contract law and to promote transparency in economic activities if a maqāsid approach had been adopted in Islamic jurisprudence. |
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| ISSN: | 2077-1444 |
| Contains: | Enthalten in: Religions
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| Persistent identifiers: | DOI: 10.3390/rel14040465 |