الاستدلال بقاعدة الحاجة تنزل منزلة الضرورة في المعايير الشرعية، دراسة تحليلية وصفية تطبيقية. المعاملات المالية المعاصرة.

Abstract

This modern era has witnessed remarkable progress in investing money in all fields, in industry, partnership, banking transactions and others, and this scene calls for scholars to diligence in clarifying provisions and finding solutions, and the book of Sharia standards addressed the task, and inferred a number of jurisprudential rules, and my research came this contribution to the service of this book, with clarification and evaluation of inference base need in his choices. By following the method of extrapolating the points of inference by the rule of need, and to find out the statements and evidence of scientists, and the analytical method, to study the evidence and indicate its suitability for the significance, as well as the comparison method to reach weighting. The researcher extrapolated the book of Sharia standards, and studied the issues in which the selection was made based on need, with an indication of the strength and weakness of perception and reliance in financial transactions. The researcher concluded that it is not permissible to contribute to companies whose activity is halal, but they deal with usury in deposit and borrowing, and that it is not permissible to buy and sell their shares. In combined financial transactions, it is forgiven gharar because it is not possible to meet money with money, rights, debts and machinery with their likeness. It is also permissible, when necessary, for the converted bank to perform previous illegal operations, after following all means of abstention. In general, the researcher recommends continuing to study the standards book and serve it scientifically, because many Islamic financial institutions rely on it, so that many supervisory bodies refer to it and benefit from it.

Keywords: inference, principle of necessity, Sharia standards.