Evaluation of Karafi's views on contracts in the framework of his work al Furuk from the perspective of participation banking practices

In this study, we tried to address the extent to which the views of one of the classical scholars on the field of Islamic economics can be effective in making a fiqh analysis of today's economic and financial issues. In this context, we took Imam Qarafi, one of the leading scholars of Maliki jurisprudence, who stands out with his original approaches, as a basis. One of the leading scholars of the seventh century Hijri, Shahabeddin al-Qarafi (d. 684/1285), belonged to the Maliki sect. When the financial-economic issues in his work "al-Furûk" written by Qarafi are evaluated as a whole, it is seen that the differences between the sects are conveyed in a tidy and objective manner and that he has a wide knowledge in this field from his experience in the relevant subjects. Within the framework of this study, based on al-Furûk's work called al-Furûk, after discussing his issues related to financial transactions in a compact way, some prominent legal issues that can be related to certain financial transactions that are widely used in participation banks today have been tried to be discussed. For this purpose, in this research, a comparison of Qarafi's fiqh views with the ideas of contemporary jurists was made as well as the comparison of Qarafi's fiqh views with other sectarian imams. In this way, Qarafi's views on these issues have been tried to be clarified, the points that distinguish his fiqh approach from others have been determined, the effect and power of his fiqh inferences and the strength and breadth of his understanding of mind have been tried to be revealed. Our study focuses on the contracts that form the basis of economic and financial transactions and constitute the practical transactions of participation banking. First of all, in al-Furuk's work called alFuruk, the descriptions, determinations, justifications and classifications of the covenants were determined. While forming the parts of the study, the covenants are based on the partition in Qarafi; It was examined in three categories: paid, taberru and solidarity contracts. While determining the views of Qarafi on each chapter, we also tried to determine how both the Mâlikî sect, to which Qarafi belonged, and other sects approached the subject in the classical period. Taken as a whole, this study reveals that the views of a scholar who lived in the classical period have not lost their guiding feature in determining the verdict of today's fiqh-economic issues, and that the organic and living structure of our fiqh heritage continues.