Islamic Contracts to be Network-based: An approach to Social Legislation
The design of successful mechanisms in Islamic socio-economic institutions depends on clarifying the system governing Islamic contracts. Asking the help of fiqh, the present article seeks to respond to this prerequisite for policy-making with the assistance of jurisprudence. According to the findings of the study, the realization of dynamism in the creation and amalgamation of contracts, in accordance with Islamic goals, depends on having a clear picture of the structure and network that governs contracts. To meet the mentioned prerequisite and as a preliminary proposal, three images can be proposed for the contracts’ network: 1. the network as a tree, 2. the network as a core circle along with attaching circles surrounding it, and 3. the network as a group of points with interconnections. These three images provide a thobouti[1] image of the contract network. The ithbati[2] image of the contract network which is at the same time accessible and can be realized on the basis of religious proof, sees contracts as particles around the target magnetic field. These contracts are the result and output of a table that shows a comprehensive system for the division of contracts.
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