العمل بالقول المرجوح في المعاملات المالية المعاصرة

Working with the preferred saying in contemporary financial transactions

This study addressed the subject: Work by probable saying in the contemporary financial transactions. The study aimed to clarify the meaning of probable saying and state the judgment in working by the probable saying and neglecting the preponderant saying in the contemporary financial transactions. Further; the relationship between working by the probable saying in the contemporary financial transactions and the rule of the origin of transactions Permissibility not prohibition and the rule of Considering the consequence is rightfully considerable as well set controls of work by the probable saying and neglect the preponderant saying in the contemporary financial transaction. The study concluded the following conclusions: that the probable saying is the one with a weaker evidence than the other i.e. preponderant saying. The majority of scholars permitted the work by the probable saying and neglect the preponderant saying if there is a need or requirement and the researcher shall follow the need and requirement by the meliorism interests. an‎d there is a close relation between the work by the probable saying and the rule of transaction of permissibility i.e. the transactions are based on the what people agreed on and they shall realize their interests, as the probable saying may be in conformity with the interests of people as well there is a close relation between work by the probable saying and considering the consequences is rightfully considerable because the probable saying may have consequence in conformity with the Sharia purposes contrary to the preponderant saying that may opposite it. Moreover; the work by probable saying in contemporary financial transactions process is subject to three controls: lack of usury, unjust or defraud and shall realize three needed, required and meliorism interests and the difference shall be reasonable.