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التمويل الإسلامي المعاصر بين شكلية العقود ومقاصد الشريعة

Abozaid, Abdulazeem (2008): التمويل الإسلامي المعاصر بين شكلية العقود ومقاصد الشريعة. Published in: Al-Tajdid Journal of the International Islamic Univeristy Malaysia , Vol. 12, No. 23 (2008): pp. 125-150.

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Some contemporary Islamic banking and finance practices have raised legal controversies that arguably eliminate any substantial differences between them and their conventional counterparts. These practices seek their legitimacy from adherence to merely contractual requirements in terms of form and structure, far from considering and looking into the contractual substance and content. These controversial practices of Islamic banks are thought to pose a threat to this emerging industry, and they have somehow led to the distortion of the religion in the eyes of the discerning public and the non-Muslims. This paper examines, through a maqasidi approach, the most controversial financing modes adopted by different Islamic financial institutions, and discusses the various justifications provided to support their legitimacy. The paper also outlines the prospectus of what constitutes a genuine Shariah compatible product.

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