Control of financial transactions in the balance of Maqasid of Shariah

الملخص

The research aims: “Controlling Financing Transactions in the Balance of Shariah Purposes” and to demonstrate the importance of implementing Shariah’s objectives in financing transactions, clarifying the content of the title “Reality and Obligation or Wajib”, describing the reality, and also describing the difficulties, challenges, obstacles, and problems facing the control of financing transactions, then what should be in the balance of legitimate purposes. By shedding light on supervision, starting with mentioning the concept of control and its names, and the Shariah rooting for controlling financing transactions. Then revealed what hinders the achievement of financing transactions for legitimate purposes, represented by five challenges and five negative phenomena. However, touched upon four basic standards for controlling financing transactions, and there are ten paths of intent to monitor financing transactions, four of which are through the conduct of legal evidence, and six through the Maqasid of Shariah. And the extent of the implementation of the objectives in the fatwas of Islamic financial institutions in relation to financing transactions, and finally it revealed the weakness witnessed in the implementation of the objectives in the fatwas of financing transactions. Lastly, giving some examples of treatments and experiments carried out by contemporary scholars, scientific institutions and jurisprudence councils.