DOI: https://doi.org/10.36719/2706-6185/51/39-50
Belalem Mohamed
Faculty of Islamic Sciences, University of Algiers 1
https://orcid.org/0009-0001-1215-0634
m.belalem@univ-alger.dz
Reasons of the Maliki School's Exceptional Prohibition Certain Financial Transactions and Contradictions and Oppositions Judgements and Effects as a Model
Abstract
Maliki jurists contributed to the development of the jurisprudence of financial transactions, given their critical importance to people's lives and the preservation of their rights. They were distinguished by their broad perspective on the consequences and formulations of contracts, relying on the principles of their school of thought and their own interpretations that took into account evidence and Sharia objectives.
They prohibited the combination of specific contracts with a sale contract in a single transaction, combining them in their term "jass mashnaq" (ju'alah, sarf, musaqah, sharecropping, marriage, qirad, and qard). Although they agreed with the majority in prohibiting some of these contracts, the Malikis differed on the reason for the prohibition and prevention, considering the contradiction of rulings and objectives as a general principle preventing the combination of contradictory contracts. In this article, I will attempt to examine the reasons for the Malikis' unique prohibition and compare them to other schools of thought. I will also highlight the Malikis' efforts in establishing the jurisprudence of financial transactions and introduce the principles upon which they built their school by presenting some of the applications and models under study.
Keywords: Maliki exclusivity, contradiction and opposition, hanging plaster, two deals in one deal