Alejtihad Jurisprudence in financial transactions issues from the Fiqh text to Fiqh Tanzil د. عبد الوهاب أحمد السعيدي(1)

Abstract

Ijtihad research in money issues aims to indicate the urgent need for Fiqh to go beyond the case of  Fiqh Almabani(text) to the Fiqh of reality (Tanzil ) that the legitimacy assignments require compliance and representation, and this means the link and interdependence between the Fiqh of the text (terms) and Fiqh reality, and this statement required methodology DESCRIPTION AND ANALYSIS Whether for fundamentalist rules or applied models, its structural course was of three subjects. The first topic included: Indication of the meaning of the terms ijtihad and money, the legitimacy of ijtihad and its vitality, and to whom the right of ijtihad ?, and the role of ijtihad in society policy. The second topic: It talked about the significance of the terms Fiqh and text, fixed and variable in them, and the limits of Ijtihad in the Fiqh of the text, either in the tongue of the text or in the intent of the text, and the importance of purposes in the text process, and the mechanism of conducting Fiqh text in contemporary money transactions. The third topic: It was in Ijtihad in the Fiqh of Tanzil (applied models of financial transactions), and began to indicate the significance of the term Fiqh of Tanzil, and its rules, and then was the application and creation of this Fiqh through the sale model of loyalty and network marketing. The research concluded to a set of results were: the importance of Ijtihad in all individual and collective transactions, and that jurisprudence policy for the theoretical texts meanings and their semantic implications, and that jurisprudence begins with linguistic and then explanatory and existential, and that the safest ways of diligence is collective ijtihad, and that the sale of loyalty sale different In the adaptation and truth among the jurists, the network marketing sale belongs to gambling and the facilitator forbidden.