شاہ ولی اللہ رحمۃ اللہ علیہ کا نظریۂ تطبیق: عقودِ مالیہ کا اختصاصی مطالعہ

Abstract

This study examines the profound contributions of the 18th-century scholar, Shah Waliullah, in the field of Islamic jurisprudence. Particularly, it sheds light on his endeavors to reconcile disparities between Hadith and Fiqh, with a specific focus on the intricate landscape of financial contracts. The significance of the article lies in the exploration of the pivotal role of Shah Waliullah in fostering conformity with a primary focus on his seminal work, 'Al-Musawa Sharh Al-Muata.’A contract, fundamentally, is an agreement wherein a party willingly undertakes a binding obligation, grounded in principles of faith and fidelity. Financial contracts, involving sales, exchanges, gifts, loans, and inheritances, are intricately connected to the transfer of ownership. There are various contradictory views of the four major jurisprudential schools within Islam about financial contracts that have been a bone of contention among Muslim Ummah. Shah Waliullah tried to formulate a theory to deal with these complicated issues to create harmony and unity within Islamic civilization.Illustrating his comprehensive approach, Shah Waliullah categorized his theory on financial matters into five key aspects; to give preference to the hadith-based opinions; give equal importance to both opinions; considerations of leave and to be determined; exploring different methods in the same process, and to consider both the statements allowed. it's imperative to consider how Shah Waliullah's insightful theories can contribute to and address contemporary challenges within Islamic finance.

Key Terms: Shah Waliullah, Islamic jurisprudence, Financial contracts, 'Al-Musawa Sharh Al-Muata’, Contractual obligations, Jurisprudential schools, Contemporary challenges in Islamic finance.