لہ زجتاییت و یقیقحت اک اقیبطتت یک اداروں امایلیت االسیم :جہنم ااہتجدی اک ازلراقء یفطصمٰ اخیشل ںیم لح ےک اسملئ امایلیت ا

Authors

  • Waqas Munir Kyani Author
  • Dr.Hafiz Falak Shair Faizi Author

DOI:

https://doi.org/10.66857/jzzsyr43

Keywords:

Sheikh Mustafa Al-Zarqa, Islamic Finance, Islamic Banking, Takaful, Ijtihād, Legal Maxims, Maqāṣid al-Sharīʿah.

Abstract

This study examines the ijtihādī methodology of Sheikh Mustafa Al-Zarqa in addressing
contemporary financial issues, with particular emphasis on its applications in Islamic financial
institutions. Sheikh Al-Zarqa is recognized as one of the most influential contemporary Muslim
jurists who successfully integrated classical Islamic jurisprudence with the evolving needs of
modern economic and financial systems. His methodology is founded upon the principles of the
Qur'an and Sunnah, legal maxims (Qawāʿid Fiqhiyyah), Maqāṣid al-Sharīʿah, public interest
(Maṣlaḥah), custom (ʿUrf), and collective ijtihād. The study adopts a descriptive, analytical, and
qualitative research approach to explore the practical implementation of his juristic thought in
Islamic banking, Takaful, and contemporary Islamic financial contracts. It further evaluates the
influence of his ideas on Shariah supervisory boards, Islamic financial institutions, and
international fiqh academies. The findings reveal that Sheikh Al-Zarqa's methodology provides a
balanced framework that preserves the objectives of Islamic law while responding effectively to
contemporary financial developments. His emphasis on genuine commercial transactions, justice,
transparency, and avoidance of legal stratagems has significantly contributed to the credibility
and sustainability of Islamic finance. The study concludes that his juristic approach remains highly
relevant for addressing emerging financial challenges and strengthening the Sharīʿah governance
of Islamic financial institutions

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Published

2026-02-18