Presented to the Sixteenth International Conference of Shariʿah Scholars on Islamic Finance International Academy for Shari’ah Research (ISRA) – Kuala Lumpur October 6-7, 2021
All praises be to Allah, Lord of the Worlds, and may Allah’s blessings and peace be upon the one who was sent as a mercy to the worlds, our master Muhammad, and his family and companions.
Having said that:
Among the aspects of the Sharīʿah’s magnificence and its abiding nature is that its principles are complete, its realities are clear, its rules comprehensive, its solutions flexible, and its rulings comprehensive. Just as it has effective solutions for circumstances of choice, we also find in its pharmacy healing medicines for cases of necessity and urgency, and for emergencies, pandemics and disasters according to precise scales of measure. Thus, we can say that there is a particular scale for ordinary cases and cases of choice, another scale for cases of necessity and urgency, and a third scale for disasters, emergencies and pandemics. This completes the comprehensive picture of the mercy and justice of this Sharīʿah at all levels.
We are here to discuss the scale for pandemics, disasters and emergencies, which is different from other scales of measure. We thank the International Academy for Shari’ah Research in Islamic Finance (ISRA) in Malaysia, headed by the honorable brother Prof. Dr. Muhammad Akram Laldin, for dedicating its sixteenth annual conference of Sharīʿah scholars in Islamic finance to a discussion of the topic ‘Islamic Finance and the Jurisprudence of Dealing with Crises’. Also, for inviting me to write a paper on ‘Basic Preliminaries for Understanding How to Deal with Economic and Financial Crises in Contemporary Islamic Financial Transactions and Products’.
Therefore, I will begin to deal with what was asked of me, seeking the help of Allah to grant me success and guidance. The paper will include an explanation of the title and the difference between emergencies and pandemic situations. It will then mention the most important principles and basic rules for pandemics and crises and try to mention some important applications of them. We will also explain the balancing of competing considerations with respect to these pandemics, the underlying Sharīʿah principles for doing so, and the Sharīʿah rulings for them, with the focus being on general principles.
I ask Allah Almighty to inspire us with what is correct and to protect us from errors and defects in belief, speech and action. He is sufficient for us and is our master. What an excellent protector, excellent guardian and excellent supporter He is.
Written by the servant utterly dependent upon his Lord.
Professor Dr. ʿAlī Muḥyiddīn Al-Qaradāghī
