سد الذرائع کی مذاہب اربعہ میں حیثیت اور معاصر مالیاتی مسائل میں اس کے اطلاقات

Status of Sadd al-Zar'ai in Four Schools of Thought and its applications in contemporary financial Matters

Abstract

The Status of Principle "Sadd-e-Zarai" (blocking the means) in the four schools and its applications in contemporary financial issues. The principle of "sadd-e-zarai" (blocking the means) has a great importance  in Islamic jurisprudence. Sadd-e-zarai is an Arabic compound term, meaning; to block the means and ways leading to haram or Illegal. Usually these means are legal and lawful but they originate unlawful acts or lead to them. This principal is adopted by the majority of Fuqaha (Islamic Jurists) with some differences in its applications. According to Imam Malik and Imam Ahmad ibn Hanbal it is a source of Shariah (Islamic law). Many issues are declared as illegal in Islamic law applying this source. The current economic scenario is actually a hybrid system of Islamic and conventional structures. We see many alternate tools adopted by Islamic financial institutes that are seemingly lawful but they are opposed to the Shariah's objectives. We need to review all these issues within the framework of above said principle. This research article discusses the concept of “sadd-e-zarai"(blocking the means), its definition, scope and applications to contemporary financial issues. This article also describes adherence of contemporary Islamic scholars to this principle in solving the problems of financial institutions.