45 the quran 2275 and 278 46 it came in 28 places in

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Unformatted text preview: l a tendency or make one general rule. For example, the rule “al Mashaqqah Tajlib al Taysir ÇáÜÜãÜÔÜÜÞÜÉ ÊÜÌÜáÜÈ Ç áÊÜíÜÓÜÜíÜÑ” which means adversity warrants alleviation is derived from several texts of the Qur’an and Sunnah.44 42 Reported by Malik, Ibn Majah and Al Daraqutni. 43 Reported by al Tirmithi, Abu Dawud and al Nasa’i. 44 See Shaikh Mustafa al Zarqa, al Madkhal al Fiqhi al ‘Amm, 1st part, 2nd Vol., Syrian University Press, 1958, pp.977-978, where he quoted several of these individual texts. 26 Yet some other rules are based on human common sense and rationality (including tautology) such as “La Ijtihad fi Mawrid al Nass áÇ ÇÌÜÊÜåÜÇ Ï ÝÜí ãÜæ Ñ Ï ÇáÜäÜÜÕ”, which means there should be no effort spent to derive a shari’ah opinion when it is given by a text, or “al Tabi’ Tabi’ ÇáÜÊÜÇ ÈÚ ÊÜÇ ÈÜÜÜÜÜÜÜÚ”, i.e. that which follows should be treated as a follower”. Similarly, the major premises of the Islamic economic system are derived by the same approach. Some of them are found in the Qur’an and the Sunnah such as the absence of interest (Riba)45 and the presence of Zakah.46 Some are derived from surveying several texts such as the preference of equitable income and wealth distribution,47 or the state’s responsibility in guaranteeing subsistence living to everybody.48 Yet a third kind of premises is derived from human common sense and rationality such as considering the improvement of the economic lot of people as a general objective of the Islamic economic system, and planning the government policies and decisions accordingly. 45 The Qur’an 2:275 and 278. 46 It came in 28 places in the Qur’an. 47 See, for example, the Qur’an, 59:7, verses of Zakah, and verses of inheritance, and see the sayings on issues of brotherhood and care of the poor and needy, etc. 48 See, for example, the several sayings on guaranteeing debts and dependents of the deceased, collecting and rationing food in travel with shortage of foods, guaranteeing the material needs of non-Muslim citizens, etc. 27 17. Moreover, it must be noticed that the usul methodology depends heavily on mathematical logic. The principles of analogy ÞíÜÜÜÜÜÜÜÜÇÓ are only an application of the mathematical principles of equality, transitivity, addition, etc. Analogy, in its several varieties, consists of finding the similarities (and differences) between something with a known Shari’ah ruling, and an other thing whose ruling is to be determined; and deriving the latter’s from the former’s in accordance with these similarities (and differences). Analogy is an indispensable tool for deriving the Islamic economic system. 18. While the Usulist works with the texts of the sources of Islam, the Islamic economist, in exerting his/her effort to discovering the Islamic economic system, works in addition with texts of Fiqh. In other words, Fiqh is an indispensable source of knowledge for Islamic economists. For instance, in developing financial instruments compatible with Shari’ah, a deep understanding of the Fiqhi positions on Mudarabah, partnership, sale contracts, lending and Riba is essential.49 19. In a lump sum, the methodology of deriving the Islamic economic system from the basic sources of Islam is very similar to the methodology through which general theories and rules of fiqh were developed. Making utmost utilization of the texts of the Qur’an and Sunnah to draw the general “shape” or basic pillars of the Islamic 49 For more on the Fiqh foundation of the Islamic economic system, refer to Zarqa, Op. cit. 28 economic system and fitting individual cases within those pillars while taking at the same time, the fiqhi heritage as a useful vehicle to understand these texts. 20. Moreover, as there is similarity between the exertion of efforts [Ijtihad ÇÌÜÊåÜÇ Ï] required in the elaboration of the Islamic economic system and the Ijtihad Ç ÌÜÊÜåÜÇ Ï required to derive the Islamic fiqh system, there is also similarity in the tools of testing their applicability. Application in real life and empirical data represent a true testing ground for the validity of the Islamic economic system. They also provide a basis for a necessary feed-back process in the working out of the operational rules of the system. Zakah, for instance, is based on the doctrine of justice and the inadequacy of the market system to achieve distributive justice.50 Zakah general principles are derived from the texts of the Qur’an and Sunnah. These include the main zakahable items and classification of deserving categories. Finally, Zakah operational rules, such as distinction between apparent and non-apparent types of funds, collection in kind or in cash, extent of state interference in the process of collection and distribution, etc. Most of these rules are derived by Muslim scholars through its application in real life. So that a continuous process of f...
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