Al-Maqāsid Al-Shar‘īyah and Substantive Principles of Islamic Sharī‘ah: Considerations for Islamic Finance Disputes and Sharī‘ah-Based Arbitrations
Article from: TDM 6 (2022), in Islamic Finance
Over the past two decades, Islamic banking and financial products have exponentially grown at an accelerated pace and on a global scale. Disputes involving applicable Shari'ah principles to financial transactions have also proliferated and have been considered by both secular and Islamic tribunals/courts. That said this article aims at disambiguating the doctrine of Al-Maqāsid Al-Shar’īyah (objectives / aims of Islamic law) as a fundamental concept of Islamic law and finance. It also aims at analyzing some of the general legal maxims and jurisprudential principles of ...