قاعدة :" المشقة تجلب التيسير" وتطبيقاتها في باب المعاملات المالية "نماذج مختارة"
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Date
2025-06-20
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جامعة محمد بوضياف -المسيلة-
Abstract
This study focuses on one of the major jurisprudential maxims: the principle of "Hardship brings ease", and its applications in financial transactions, especially contemporary ones. This maxim has enabled jurists and scholars to ease and facilitate many rulings in modern jurisprudential issues when hardship, difficulty, or harm befalls the individual. It thus reflects the comprehensiveness, flexibility, mercy, and timeless applicability of Islamic law. This was clearly demonstrated in the research through the application of the maxim to various models of financial transactions. The study found that the maxim plays a significant role in facilitating rulings related to installment sales and salam contracts, as well as in loans and banking transactions—either by alleviating certain legal rulings, finding legitimate solutions, or proposing innovative transaction structures that align with both Shariah and contemporary needs.
Keywords: Jurisprudential maxim – Hardship brings ease – Contemporary financial transactions – Installment sales – Salam contracts – Debts – Stocks – Loans