عموم البلوى وتطبيقاته في المصرفية الإسلامية في المملكة العربية السعودية

Abstract

The aim of the research is to contribute to the creation of a general framework for the principle of general tribulation which is one of the important reasons of the provision of facilitation or removing hardship in Islamic law. This principle is usually applied in order to provide facilitation against hardship. Nevertheless, it may also be used as a legal device in the application of Islamic law. This study is significant because the researcher has concentrated on the Shariah regulations and provisions as well as the practical applications of this principle in specific financial transactions practiced by Islamic banks in Saudi Arabia. The principle is applied in Saudi Arabia through the regulations controlling banks issued by the Saudi Arabian Monetary Agency and other Saudi Arabian Commercial Regulations. The research method adopted by the study includes the use of the inductive method where opinions and evidences were reviewed and discussed. Aside from that, the study also employed the analytical method where different opinions were analyzed based on Shariah principles and applicable objectives. The researcher also adopted the practical method by applying the summary of theoretical studies of some contemporary financial transactions as practiced by Islamic banks in Saudi Arabia. After due deliberation and scrutiny, the research concluded a number of results. Among the most significant is the application of the principle of the general tribulation in the present is different from that in the past, as it is more comprehensive today than it was before. This is currently applied in transactions while in the past it was limited to the issue of purification. The research has also concluded that this principle is among the most significant purposes for providing ease in the present time. Among the clearest application of this principle is taking payment by relying on the bank's letter of warranty as well as the re-purchase agreement and its inversion.