اسلامی شریعت کے مقاصد: معاملات (اقتصادی و تجارتی قوانین) میں حاجیات کا فقہی مطالعہ

Objectives of Islamic Shariah: A Jurisprudential Study of Hajiyat in Transactions (Economic and Commercial Laws)

Abstract

In Islamic jurisprudence, Hajiat (necessities) refers to the categories of needs that are not as critical as the Daruriyat (essentials), but still necessary to maintain ease and functionality in everyday life. The concept of Hajiat in economic and commercial laws is significant as it addresses financial and business practices that allow for a flexible and efficient economic system within the bounds of Islamic principles.

In the realm of Hajiat, Islam permits certain transactions to accommodate human needs, such as facilitating trade, business partnerships, and financial dealings. These allowances aim to preserve public welfare and ease the economic burden while ensuring that practices remain free from Riba (interest), Gharar (uncertainty), and unjust exploitation.

Examples of Hajiat in Islamic economic laws include:

1. Permitted Commercial Transactions: Transactions like Bay’ Salam (advance purchase) and Ijarah (leasing) are allowed as they ease trade and business, allowing flexibility without violating Islamic principles.
2. Business Partnerships: Islamic law supports partnerships such as Mudarabah (profit-sharing partnership) and Musharakah (joint venture), where risk and profit are shared based on mutual consent and contribution, ensuring fairness and transparency.
3. Financial Arrangements: Arrangements like Mudarabah (investment where one provides capital and the other provides labor) and Murabaha (cost-plus financing) ensure the flow of capital and trade in a way that aligns with Islamic ethical standards.

These Hajiat are crucial for ensuring that economic activities maintain the balance between individual benefits and the greater public good. Islamic jurisprudence allows for these practices to address the varying economic needs while maintaining ethical standards.