A Reading of the Financial Leasing Law, and an Clarification of the Experts Committee's Work: A Critical Jurisprudential Study

Abstract

In the Name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and peace and blessings be upon the Messenger of Allah, his family, his companions, and those who follow him. This study aims to evaluate the extent of compliance in the functioning of the Expert Committee for Islamic Sharia. It demonstrates the inherent dynamism, comprehensiveness, and adaptability of Islamic jurisprudence (Fiqh) in addressing contemporary developments and providing efficacious solutions that promote public interests (Masalih) and avert harms (Mafasid). Furthermore, this research highlights the imperative of examining the Sharia-related implications arising from the study of these regulations, thereby ensuring that Muslims attain comprehensive clarity regarding these laws, their underlying legal proofs (Adillah), and the degree of their alignment with or divergence from Sharia principles. To achieve this, the paper contextualizes the Expert Committee by defining its scope and analyzing its mandate regarding the Financial Leasing Law. It further conducts a textual analysis of the provisions of the Financial Leasing Law, cross-referencing and benchmarking the jurisprudential issues inherent in its articles against the doctrines of classical and contemporary Muslim jurists.