مقاصدِ شریعت اور اسلامی مالیات: مالی معاملات میں ضرورت و حاجت کے فقہی قواعد کا استعمال ----------------------------------------- The Objectives of Shari‘ah and Islamic Finance: The Usage of the Principles of Darurah and Hajah in the Financial Transactions

Abstract

Darurah (necessity) and Hajah (need) are the Maqasid al-Shari‘ah protection tools in Islamic law. They provide a mechanism to an individual or institution to avert the actual as well as expected harm from them. Darurah and Hajah eliminate the harm from people by granting them legal excuse about an act which is usually considered prohibited. Salam and Istisna’ contracts were considered permitted to remove the hardships from people. Many of the Islamic financial engineers, regulators and researchers predominantly considered Darurah and Hajah amalgamated concepts in their research. Critics accuse IBI of abusing the Shari‘ah maxim of Darurah to circumvent Shari‘ah prohibitions. To exculpate the IBI, it is necessary to draw a red line between Darurah and Hajah. Hajah is very important tool to remove the obstacles of the impermissibility in many financial matters and to smooth the regulatory process for IBI. Finally, the study highlights the financial and regulatory matters that were rightly permitted or otherwise on the basis of Darurah and Hajah.