Abstract
The Sharīʻah maxims related to originality and dependency are one of the most important maxims which have a significant role in Islamic law. Therefore, the classical jurists paid adequate attention to these maxims and applied them in various issues and cases of fiqh. This paper seeks to analyze the effect of these maxims in different commercial transactions, namely the shariah stauts about the investment and trade in shares of those companies whose mostly transactions are lawful and a few transations are unlawful, shariah status about sale and purchase of shares that contains liquid and fixed assets. This research also explains different types of contracts combined in a single transaction; discusses the effect (with special reference to facilitations and easiness) of said maxims in contracts combined in a single transaction; analyz all the traditions of prophet (صلى الله عليه وسلم) about the combination of contracts. The article is divided into two main sections in the following way: First section contains three main Sharīʻah maxims related to originality and dependency. Second deals with the modern applications of these maxims in commercial transactions. An applied and juristic research approach has been employed for the collection and analysis of data.
Keyword(s)
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