Islamic Economy in Jurisprudence (Book): Difference between revisions
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Under the heading of the application of jurisprudential rules in economics, the author begins his discussion with the question: do jurisprudential rules have an application in economics or not? Before answering his question, he first divides jurisprudential rules into two categories: general jurisprudential rules like the [[No-Harm rule]] (Qa'idah La Darar) and the [[Rule of Negation of Authority]] (Qa'idah Nafi al-Sabil), and specific jurisprudential rules like the [[rule of destruction]] (Qa'idah Itlaf), the [[rule of acquisition]] (Qa'idah Hiyazah), and the [[rule of dominion]] (Qa'idah Taslit). He points out that general rules are applicable in all economic, political, and social dimensions; but specific rules are effective only in a specific aspect like economics (pp. 87-94). | Under the heading of the application of jurisprudential rules in economics, the author begins his discussion with the question: do jurisprudential rules have an application in economics or not? Before answering his question, he first divides jurisprudential rules into two categories: general jurisprudential rules like the [[No-Harm rule]] (Qa'idah La Darar) and the [[Rule of Negation of Authority]] (Qa'idah Nafi al-Sabil), and specific jurisprudential rules like the [[rule of destruction]] (Qa'idah Itlaf), the [[rule of acquisition]] (Qa'idah Hiyazah), and the [[rule of dominion]] (Qa'idah Taslit). He points out that general rules are applicable in all economic, political, and social dimensions; but specific rules are effective only in a specific aspect like economics (pp. 87-94). | ||
According to the author, the No-Harm rule applies in economics in two ways: first, any ruling and law that causes harm and loss to individuals and society must be annulled; and second, all laws regarding business, production, etc., must be formulated according to this rule, otherwise that law lacks religious validity. He believes that according to the Rule of Negation of Authority, any kind of economic domination by disbelievers over Muslims is negated, such as not creating a right of pre-emption (Haqq al-Shuf'ah) for disbelievers and not accepting the trusteeship (Tawliyyah) of disbelievers over Muslim endowments (Mawqufat) (pp. 87-91). Based on the rule of destruction, which is derived from [[Verse 194 of Surah al-Baqarah]], the author considers wasting the properties of others without their permission as one of the instances of transgression (Ta'addi), which must be taken from the transgressor in the exact same amount (pp. 91-92). He also enumerates the rules of acquisition and dominion among the factors that create ownership, which jurists have documented according to verses and narrations (pp. 92-93). | According to the author, the No-Harm rule applies in economics in two ways: first, any ruling and law that causes harm and loss to individuals and society must be annulled; and second, all laws regarding business, production, etc., must be formulated according to this rule, otherwise that law lacks religious validity. He believes that according to the Rule of Negation of Authority, any kind of economic domination by disbelievers over Muslims is negated, such as not creating a [[right of pre-emption]] (Haqq al-Shuf'ah) for disbelievers and not accepting the trusteeship (Tawliyyah) of disbelievers over Muslim endowments (Mawqufat) (pp. 87-91). Based on the rule of destruction, which is derived from [[Verse 194 of Surah al-Baqarah|Quran 2:194]], the author considers wasting the properties of others without their permission as one of the instances of transgression (Ta'addi), which must be taken from the transgressor in the exact same amount (pp. 91-92). He also enumerates the rules of acquisition and dominion among the factors that create ownership, which jurists have documented according to verses and narrations (pp. 92-93). | ||
== The Role of the Producer in Islamic Economy in Jurisprudence == | == The Role of the Producer in Islamic Economy in Jurisprudence == | ||