Industrial development not only proved to be the forerunner of revolutionary development in financials, it also opened new avenues in Islamic Financial fiqh. In fact, the industrial revolution has created new challenges for Islamic fiqh, which need to be addressed. Now the world has become a global village and business has expanded from a small scale to very large scale in the form of multinational companies. Thus, people from different geographical backgrounds, religious affiliations and fiqh interact with each other. Therefore, due to this mutual trade among traders having different fiqh backgrounds, sometimes face issues due to different fiqhi background. Jurists have difference of opinion in financial matters like Imam Abu Ḥanīfa, Imam Mālik, Imam Shāfiʿī and Imam Ahmad bin Hanbal have different opinions on permissibility or impermissibility of different financial matters. Therefore, it is a challenge to do business and financial dealings with persons having different followings. Many fiqh bodies (institutions) worldwide are working to resolve such issues. These institutions set the standard for Islamic Financial Institutions (IFIs) by addressing such issues by combining different fiqh on predefined parameters. Therefore, the objective of this study is to critically discuss and evaluate the talfīq with respect to financial matters in light of the resolutions of International Islamic fiqh Academy. Being qualitative in nature, this study uses content analysis to achieve its objective.. To resolve the issues faced in financial matters, abandoning one fiqh and adopting another is called "talfīq". Different bodies are working for this in the world and locally in Pakistan as well. They are all working as Sharīʻah standard setting bodies, for all aspects of the life of the Muslim ummah, including financial matters. One of the standard setting bodies is International Islamic Fiqh Academy Jeddah. Since its inception, the academy has passed resolutions on hundreds of important financial matters, most of which adopted a consolidation approach. Some of these important financial issues are discussed in this paper. The purposes of this academy which is giving a ruling in financial matters, are also discussed in detail. A critical review of istiṣnāʿ (It refers to a contract under which an item is purchased before it comes into existence and an order is given for its manufacture.), as a binding contract and penalty clause in case of delayed delivery is particularly presented in this paper.
Keywords: Talfiq, Islamic financial Institutions, International Islamic Fiqh Academy, Penalty, Istiṣnāʿ
Corresponding author: Mufti Syed Sabir Hussain, mufti.sabir@mcbislamicbank.com