The pretext regulation goals in the financial jurisprudence

Abstract

This paper deals with the jurisprudent rules of the origins of pretexts for the Malikis and with their correlation to the Sharia goals (Makasid) because they are very important and exact topic. In this regard, the pretexts are among the most important jurisprudential origins that distinguish the Malikis, who went to a far extent in adopting them because they do not just consider the prohibited provisions per se; rather, they consider the tool that leads to the prohibited and the fate of the provision. In this regard, and from this origin, the Maliki scholars created a set of origins, jurisprudence, and goal rules that facilitate knowing and regulating the Sharia provisions. Based on what was said, this study sheds light on the financial jurisprudence due to its tight relation with the duality of goals and rules.