An Analysis of the Concept, Arguments, Criteria and Obstacles of "Dynamics in Contracts

Designing legitimate mechanisms in line with the goals of Sharia in the field of financial contracts is of great importance. Using jurisprudential, economic and sociological analyzes this paper studies the concept, arguments, criteria and obstacles of dynamics in contracts. The findings show that, contracts are a dynamic part of wealth distribution in Islamic economics. Three types of reasons for this dynamism can be proposed, I) socio-economic arguments based on the analysis of dynamic social needs, II) jurisprudential analysis, such as the signatory nature of rulings and non-primitiveness of contracts and the existence of manteqatul-firaq in the jurisprudence of transactions, III) verbal arguments, such as verses 5:1; 17: 34; 2: 177 and 4: 29 and the hadith of Condition. Dynamic criteria in inventing include, guaranteeing the goals and structures of Shari'a and the composition of contracts, compliance with the Book of God and the requirements of the contract. Neglecting the new contracts and the existence of scientific and practical obstacles such as lack of social responsibility for jurists are among the reason for the stagnation in the formation of new contracts. The trustee for designing designing new contracts is the Guardianship.