Fabrication of Fiqh Doctrines and its Impact on Financial Transaction Contracts (A Study on Samples of Sharia Standards issued by The Accounting and Auditing Organization for Islamic Financial Institutions AAOIFI)

Abstract

One of the Fiqh topics that are raised in the scientific community from time to time is the topic of fabricating between Fiqh doctrines, there are those who exaggerate the Prohibition of fabricating at all and reject it on its basis and claim consensus to prevent it, there are those who open the door of fabricating wide with no control to control it, and there are those who mediate between the two teams and accept the fabrication but with controls and restrictions. This research sheds light on the topic of concocting Fiqh doctrines and its impact on financial transactions contracts, specifically in the Sharia standards issued by the accounting and Auditing Organization for Islamic financial institutions (AAOIFI), as the importance of this topic comes from two aspects, the first is related to the fact of concocting Fiqh doctrines, and the correct Sharia position on it, and the second aspect is related to the Sharia standards that have become a major reference for Islamic financial institutions, such as Islamic banks, Islamic insurance companies, etc. The first is entitled: The concept of fabricating Fiqh doctrines and its relationship with tradition and tracking licenses, the second is entitled: The sayings of Jurists in fabricating Fiqh doctrines, and the third is entitled: Fabricating in Sharia standards and its impact on them, then concluding with the most important findings and recommendations, the research concluded with the statement of the fact of fabrication and the Sharia position and his lack of legality.