Considering the Objectives of Sharia in Judicial Rulings and Their Applications in Financial Transactions: An Analytical Study of the Book “Models of Jurisprudence and Fatwa in Hadramawt - مراعاة مقاصد الشريعة في الحكم القضائي وتطبيقاته في المعاملات المالية: دراسة تحليلية على كتاب نماذج من فقه القضاء وفقه الفتوى بحضرموت

Abstract

This research explores the applications of Maqāṣid al-Sharīʿah (the higher objectives of Islamic law) in judicial rulings, with a particular focus on case studies in financial transactions and contemporary fatwas in the Hadhramaut Governorate. The study aims to analyze how judicial decisions align with the objectives of Islamic law and to emphasize the effectiveness of the Islamic judicial system in addressing financial issues while upholding justice.The central problem revolves around the extent to which Maqāṣid al-Sharīʿah are consistent with, or diverge from, judicial rulings in financial transactions, and their impact on achieving justice and transparency in financial cases. It also examines how purposive reasoning (iʿmāl maqāṣidī) is applied within the field of judiciary. The researcher adopted the descriptive, analytical, and inductive methodology appropriate to the nature of the study, presenting legal texts related to financial transactions, and examining examples that reflect the consideration of Maqāṣid al-Sharīʿah in judicial rulings. These examples were drawn from the works of Judge ʿAbd al-Raḥmān Bakīr in Fiqh al-Qaḍāʾ wa al-Fatwā bi-Ḥaḍramawt (Jurisprudence of Judiciary and Fatwa in Hadhramaut). The study then analyzed the relationship between judicial texts and the objectives of Islamic law.The research concludes that the application of Maqāṣid al-Sharīʿah provides a solid framework for judicial rulings, reinforcing transparency and integrity in financial dealings. It affirms the originality and distinctiveness of the Islamic judicial system compared to contemporary legal systems, as its rulings, principles, and objectives are harmoniously integrated within judicial legislation, in full alignment with the overarching objective of achieving comprehensive justice that ensures societal welfare and public interest.