الخلاصة:
Islamic law did not stipulate the legal ruling for every incident, but rather came
with general matters, since the events between people in their personal, temporal
and spatial dimensions are infinite and the texts are limited, which led to the
existence of events that are not stipulated. Therefore, this study came to
address the problem of the nature of what is not stated, and the extent of its
indication of the legal rulings and its relationship to contemporary financial
reasoning.
It aims to highlight the truth of the silence of the Shari’a by standing on the
existence of the requirement and the absence of the impediment or not, and to
clarify its significance, as well as its role in the circulation of the contemporary
movement of ijtihad, due to its importance represented in its connection to the
jurisprudential view related to rulings and the objective view, and due to its
realistic scientific impact on our contemporary life.
The results showed that the release of what is not mentioned in Sharia is an
exaggeration because the facts are not free from the ruling of God, and that this
conflicts with the perfection and flexibility of Sharia. As for its significance, it is
an inferential or dependent significance. From what was mentioned, the
importance and impact of contemporary financial ijtihad in renewing Islamic
jurisprudence appears on the one hand, and in treating contemporary financial
problems that are not mentioned and finding solutions for them on the other hand,
by activating it with its various mechanisms and methods.
