تعليل العقود المستحدثة بالعلل العامة (دراسة تأصيلية)

Abstract

This study explores the foundational principles of Islamic law and their effect on contract rulings. It highlights key maxims such as the presumption of permissibility, the permissibility of conditions, the objectives of Sharia in promoting benefit and avoiding harm, and the prohibitions of gharar and riba. The research analyzes contracts by breaking them into components, using examples like lease-to-own agreements and digital currencies. It concludes that developing new contract types requires detailed analysis within the framework of general Sharia principles and that contracts must be free of contradictions within their elements.

Keywords: Pacta sunt servanda, emerging contracts, legal reasoning (taʿlīl al-aḥkām), general legal causes (ʿilal ʿāmmah).