Abstract:

This paper examines some of the methods of reasoning and judgment in the process of producing judicial (fiqhi) solutions for modern problems and the jurists’ approaches to and evaluation of judicial-historical experience in this process. Such an examination may provide us with an opportunity to understand the approaches of the modern jurists (and Muslims) to the new issues/problems through fiqh heritage and their ijtihād methodologies. This article aims to shed light on the relationship of the contemporary jurists with classical fiqh heritage in the context of the murābaḥa contract. The study’s main question is: “do the jurists maintain a sound and consistent relationship with the classical fiqh heritage in the process of the formation and development of the murābaḥa contract?” In terms of the study’s methodology, a number of important modern fiqh books and articles on the murābaha such as al-Qaradāwī’s Bay‘ al-murābaḥa li-al-āmir bi al-shira kamā tujrīhi al-maṣarif al-islāmiyya and its relationship with classical fiqh are the main starting point. 

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