a base The basic principle is that benefits are permitted and harmful ones are prohibition (Applied models of contemporary investment formulas)

Document Type : Original Article

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Abstract

This study dealt with one of the most important fundamentalist rules of jurisprudence, which is: “The rule of principle regarding benefits is permission and prohibition on harms,” which is a rule that has been mentioned many times in the books of jurisprudence and its principles. Jurists have mentioned it in different chapters and in multiple forms, which clearly indicates the extent of their interest in this rule. In this study, the researcher explained the reality of the rule individually and as a whole, and the evidence related to it from the legal texts, fundamentalist rules, and general principles that establish this rule and prove its legitimacy. This study was concerned with highlighting the impact of this rule in absorbing new applications and calamities related to contemporary investment formulas, proving with regard to its content that Islamic Sharia is a realistic law that keeps pace with people’s lives and accommodates all emerging issues and calamities in a way that ensures achieving the interests of taxpayers and relieving them of embarrassment.

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History

  • Receive Date: 22 January 2023
  • Accept Date: 15 February 2023

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