Loan Standards Objectives its Achievement Regulations and its Impacts in jurisprudential Perspectives among Maliki’s jurist School

Abstract

This research aims to clarify the basis objective and  principle of the loan contract according to Maliki’s jurists view, it also demonstrates how these Maliki’s jurists use this objective and take it into consideration for their jurisprudential outlook, and standard Which have set to achieve and maintain. In addition, this research seeks to highlight the difference between permissible benefit -that goes along with affiliated objective-, and the Forbidden one -that contradicts this objective and pulls it down. Moreover, this research  intends to remove any confusion about what they exactly mean by the word "benefit" mentioned in the Islamic jurisprudential maxim "Every loan that brings benefit to the lender is riba". The research adopts both the inductive and descriptive approach, through extrapolation and collection of the jurisprudential cases where Maliki’s scholars authorized the lender to get the benefit that comes from his loan, all this is done through  referring to the most original, and famous sources of fiqh al-Maliki. Besides, this research adopts the analytical and deductive approach in order to analyze and describe the kind of relations that gather them, and finally to deduce the standards and rules they have set as landmarks to distinguish this specific kind of benefit from others. The importance of this research lies in the clarification of the methods of the previous Islamic jurists in taking into consideration and applying the high objectives of Shari’a in the process of jurisprudential seeings in the field of the Islamic financial transactions, the clarification of those methods highly helps in dealing with developing the contemporary applications, which can be considered as start-up to create new Islamic financial products, and promote them to maintain the compatibility with developments in current and present era.