The New Issues of Financial Transactions from the Chapter of Makhārij and Ḥiyal of the Books of Jurists

نوازل المعاملات المالية من باب المخارج والحيل من كتب الفقهاء

Abstract

Nawāzil Fiqhiyyah refer to those cases and events that require a Sharīʽah provision. In this sense, it includes all latest events and cases that require a new fatwā to clarify them from the Sharīʽah perspective regardless of whether these events are frequent or rare, old or new. Therefore, the jurisprudence of nawāzil is considered one of the most important branches of Islamic jurisprudence for its great role in explaining the provisions of Islamic Sharīʽah related to the reality of life in its all fields. The methods followed are the qualitative and analytical methods, as the researchers in this article used books, scientific journals, and official articles, and then analyzed them qualitatively. The research reached several results, the most important of which are: the word “nāzilah” is the synonym of “mustajaddah” (new issues). And that the most classical Sharīʽah jurists used the word “nawāzil” to express the events and calamities that befall people such as famine, epidemics, calamities, drought and scarcity. They mentioned it in the sections (chapters) of questions and answers on issues related to various aspects of the lives of individuals and society (transactions, conflicts and customs). Then they mentioned the answers of the jurists to these questions according to the texts of Sharīʽah and the deduction (ijtihād) of the classical jurists in their interpretation, and the analogy of the later jurists on those deductions. Sometimes the answers may be based on jurisprudential tricks (doctrinal) and legal exits. It is one of the important topics needed by the jurist, the muftī, the researcher, and the judge to research it and to find solutions to it, which are called contemporary issues and jurisprudential events.