أساليب بناء الصيغ المصرفية الإسلامية المحاكية والمبتكرة دراسة تحليلية

Abstract

Abstract

This study addresses the methodologies employed in constructing Islamic banking formulas—both imitative and innovative—within the evolving landscape of Islamic financial industry. the research aims to clarify the concept of formulation methods, examine the role of selective Ijtihad in developing financial products, and analyze the Shariah validity of contract engineering—particularly composite and parallel contracts—and their implications on the legitimacy of resulting financial structures.

The study adopts both inductive and analytical methodologies. It begins with an introduction and a preliminary section that outlines key conceptual definitions, followed by two main chapters. The first explores selective Ijtihad through the lenses of "legal amalgamation across schools of thought" and "adoption of less dominant legal opinions." The second chapter discusses contract engineering, focusing on the combination and parallelism of contracts, while also addressing the issue of legal formality (??riyyah) as a potential concern.