فقہ حنفی میں عقد جعالہ کی صورت اور عصر حاضر میں اسکے تطبیقات

The Contract of Jua’la in Hanafi’s Jurisprudence and its Contemporary Implementation

Abstract

Islam is a complete code of life that guides humans in all spheres of life and provides the best solution for all human needs, especially in the modern era, where the financial sector is on the rise and new forms of commercial contracts and transactions are being emerged. In order to overcome the financial problems, Islam has declared so many financial transactions permissible such as Lease, MurÉbaha, MushÉrakah, MuÌÉrabah, etc. The contract of JuÉ´la is also one of these Islamic financial contracts that is more common and extensive than any other contract, due to the lack of strict conditions for its execution. Although JuÉ´la is an important financial contract neither has it been discussed in many details in Islamic Jurisprudence, especially in ×anafi Fiqh, nor major efforts have been carried out regarding its practical implementation. Therefore, this study is carried out to understand the JuÉ´la contract from ×anafi’s perspective along with its contemporary practicality. This research clarifies the real meaning of JuÉ´la contract in ×anafi School, as well as, provides practical solutions to commercial and financial contracts.

Keywords: JuÉ´la, Jual, Islamic Law and Jurisprudence, ×anafi school of thought.