عمّار عبدالله البهنديّ (أحد طلّابنا في مرحلة الدّكتوراة) & د. منير علي عبدالرّب (المشرف الرّئيسيّ على الطّالب).
الملخص الانجليزي
The objectives of this study summarized on the effect of jurisprudence in the field of custom on
contemporary transactions, and to show the extent to which these customary legal rules
formulated in directing the mujtahid to verdict guidelines on contemporary jurisprudential matters
in the field of transactions. The researcher followed three methods in this paper namely inductive,
descriptive and analytical methods. This study limited the most important elements in
jurisprudence rules in the issues of custom, which amounted to twelve jurisprudential bases after
extrapolating their implications. This was done after explaining their sources, meanings, evidence
and their impact on important group of contemporary transactions. These customary rules express
different aspects of custom, namely: the authority of custom, the conditions of custom, the verbal
authority of custom, and the practical authority of custom and it affects important areas in modern
transactions such as, virtual currencies, moral rights, finance officer, vacancy allowance,
contemporary sales, hiring sales, mixed stocks, inflation, buying gold, smart contracts, ecommerce and others. This study concluded that the customary jurisprudence rules have a major
role in legislating the rulings and controlling the jurisprudential branches and sections of
jurisprudence in general, and in the field of transactions in particular. These customary rules
highlighted a form of comprehensiveness and flexibility in Islamic Sharia, as these rules covered
the most important issues of emerging transactions, so many calamities in the field of transactions
do not deviate from these customary rules. The researcher expects that the study will have a
contribution at the international level by directing the mujtahid to issue sound judgments for
several commercial transactions traded globally.
الأستاذ المشارك الدّكتور منير علي عبد الرّب | Associate Professor Dr. Muneer Ali Abdul Rab | 13024