کتاب: جدید معیشت،تجارت مروجہ اسلامی بینکاری میزان شریعت میں خصوصی اشاعت - صفحہ 532
It’s important to note at this juncture that the system of banking is associated to those modern economic issues which have a significant involvement of the element of “ijtihad”. Similarly banking as a system is based on highly sensitive and complex issues and because Islamic banking is an effort to mold the interest based banking system into an Islamic mode; it is vital to analyze it from two angles before declaring it to be completely in sync with the Islamic sharia:
“Ijtihadat” based on jurisprudence:
Refers to those basic/fundamental dealings on which the matters of Islamic banking have been assumed, firstly we need to know if there is any consistency between these dealings and the prescribed system of Islamic banking or not? Furthermore, have the shariah related terms and conditions of these basic dealings considered in the Islamic banking system? For instance, the savings account of an Islamic bank is assumed to be a mirror image of the shariah compliant mudarba; hence it is essential from the perspective of Islamic jurisprudence (fiqh) to examine whether this saving account system and all its terms and conditions are in coherence with the shariah compliant mudarba.
Practical Application:
The system of Islamic banking, as recommended, devised and designed by certain scholars based on their research, discussions and ijtihadat, needs to be critically assessed in terms of its practicality in order for us to know that whether the agreements which practically take place in an Islamic bank are in accordance with the prescribed and devised system of Islamic banking or not? Every term and condition of all these agreements needs to be assessed and analyzed in the minutest of detail; because on certain