Ma`rifat Eqtesadi

Newly introduced transactions, including insurance, goodwill, and stock market transactions, are key issues in contemporary jurisprudence and affect believers due to civilizational developments and socio-economic complexities. In order to legitimize these transactions and overcome the primary principle of corruption, jurists have proposed various approaches such as relying on rational behavior, delegating the affairs of the believer to himself, adhering to Quranic generalities and applications (such as “fulfilling contracts” and “trading by consent”), and the rule of la haraj. However, these arguments face challenges such as the general rejection of examples from the era of legislation, the limited ability of the legislator to express restrictions, and the incompleteness of the authority of the new rational path. Using the ijtihad method, this research focuses on the capacity of the authoritative application of the set of arguments while examining the comprehensive solutions provided. Based on authoritative application, although innovative transactions did not exist at the time of the legislator, the legislator, as the legislator, has generally stated the necessary conditions for achieving the Sharia validity of contracts by forging various laws such as the prohibition of taking all property for granted, the prohibition of gharar, the rule of profit that is not guaranteed, the prohibition of usury, and the rule of no harm, by forging various laws; therefore, if the innovative transactions do not contradict those general rules, and in view of preserving the necessary purposes of the Sharia, the silence of the legislator regarding the criteria for the invalidity of that contract will lead to knowledge of its Sharia validity.