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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

2. Adherence to Moderate Approach

Sharī’ah clearly denounces any form of extreme in both, understanding
and application of Sharī’ah. Extreme in understanding includes:

i. To hold that one’s opinion in matters of fiqh is absolutely correct
and other opinions are absolutely wrong. "I never once argued
with anyone hoping to
ii. To practice the commandments of Sharī’ah without due regard win the debate; rather
I always wished that
to one’s ability. Prophet SAW says: “Beware! The extremists the truth would come
perished,” saying it three times". (Ṣaḥīḥ Muslim). from his side".
(Source: Imām Shāfi’ī,
3. Proper Understanding and Articulation on Point of Disagreement Al-’Umm)

Full understanding of scholars’ opinions is pertinent in avoiding unnecessary
debate.

Most of the hostile debates on matters of fiqh are resulted from
the vagueness of both parties in understanding the point of
disagreement among them and scholars alike. This is evident, for
instance, in the debate of permissibility of Bay‘ ‘Īnah. Some of the
opponents of Bay‘ ‘Īnah asserted that Imām Shāfi’ī‘s was wrong in
permitting Bay‘ ‘Īnah while some the opponents of Bay‘ ‘Īnah at
erred in subscribing to Imām Shāfi’ī‘s opinion without carefully
scrutinising and appreciating the opinion pertaining to the
permissibility of Bay‘ ‘Īnah.

Imām Shāfi’ī’s opinion regarding Bay‘ ‘Īnah:
“The basis for my position is that if a contract fulfills the Sharī’ah’s manifest criteria
for its validity, I will not invalidate it on the basis of a presumption or a customary
practice between the seller and the buyer. Hence, I will approve it by virtue of its
apparent validity, but I prohibit a kind situation where the two of them nurse an
intention that may likely lead to the invalidation of the contract if it is manifested.
Imām Shāțibi in defending
For instance, I forbid someone buying a sword with the intention to kill with it Imām Shafi‘i said :
unjustly, but it is not unlawful for the seller to sell it to someone he suspects will “It is absolutely incorrect
use it to kill unjustly because it is possible that he will not use it to kill unjustly. I, to say that Shafi‘i allowed
the adoption of means
therefore, do not invalidate this kind of business transaction. Likewise, I detest that that leads to usury. He
someone sells grapes to a buyer he thinks will use them to make wine, but I do not does not presume the
existence of an intention
invalidate such sale because he is selling it as something lawful, and it is possible to do something forbidden
that the buyer will not however, make wine from the fruit, just as it is possible that unless there is manifest
evidence to that
the purchaser of a sword may not use it to kill”. effect”.
Imām Shafi‘i : Al-’Umm (Source: Islamic Financial
System Principles and
Operations, ISRA, pg.
222 )