Expanding and Limiting the Rules Governing Transactions from the Perspective of Customary Requirements and Religious Purposes

Most jurists believe that the rules that are implemented in society, including criminal law, commercial law, banking, etc., must be completely in accordance with the rules set forth in the books of jurisprudence or must be under one of those titles in order to be valid. Based on the findings of this research - which has been written in a descriptive-analytical method -, not only the validity of transactions does not depend solely on their concurrence with the Shāri‘ (the legislator) and the Shāri‘s approval of them so as, thereby, the validity of new transactions is denied; rather, it cannot even be accepted that every transaction and law that was valid and approved by the legislator in the era of Revelation is necessarily valid today. In other words, to imply tradition and hadith on the approval of a transaction is not a criterion for its validity in other times and places. Rather, laws - whether approved or newly raised - will be valid under two conditions: one that is in accordance with existing conditions and requirements, and the other that is not in conflict with the purposes and generalities of Shari’a. In this case, they will be valid for the same time and the same society.