Agreement has been reached from a survey of the Sharīʿah texts that they were revealed to set aright humanity and their interests in the world and the hereafter, and to achieve justice, mercy, happiness and blessings for them. Almighty Allah said: ‘When the righteous are asked, “What has your Lord sent down?” they will say, “All that is good”’ (al-Naḥl: 30).
Therefore, fatwas, resolutions, financial products (and others) must realise interests, benefits and good (of all kinds), and they must ward off corruption and prevent harm and evil (of all kinds). Allah said, while describing the Messenger of Mercy (SAW) ‘…[he] makes good things lawful to them and bad things unlawful, and relieves them of their burdens and the iron collars that were on them’ (al-Aʿrāf: 157).
It is in light of this that the discussion of blocking or opening the means arises. In my opinion, it is a matter of overall consensus that fatwas should be means to achieve good and open the horizons of interests, and they should close the door on things that lead to corruption and be means to ward off harmful and evil things. The disagreement is in the details and particulars, or whether sadd al- dharāʾiʿ (blocking the means) is an independent [category of Sharīʿah] evidence. In this research, we will not go into deep detail but, rather, focus on practical applications as per the outline sent to us from the Shūrā Fiqh Conference. Accordingly, the research consists of two sections:
The first topic: A brief exposition of the definitions and parameters of sadd al-dharāʾiʿ and faṭḥ al-dharāʾiʿ (blocking and opening the means).
The second topic: Practical applications of the principle of sadd al-dharāʾiʿ in contemporary financial and banking transactions.
Finally, the summary will explain the root solution that will prevent the use of legal trickery and will block the means that lead to corruption, with recommendations and alternatives.
