الحيل الشرعية وأثرها في الأحكام الشرعية: دراسة فقهية مقارنة

Abstract

Al-Ḥiyal or al-Ḥīlah is an Arabic word which means tricks. The uses of tricks has been increasingly widespread and practiced in today’s society. Some make use of Ḥīlah merely on the purpose of getting something impermissible in an acceptable way, and some of them make it for the purpose of public interest. The important aim from this academic exercise is to give understanding to the community, particularly to the Muslims about Ḥīlah which is permissible by Islamic law. Thus, the objective of this academic exercise is to understand the definition and the concept of al-Ḥiyal in Islamic Jurisprudence. It is a comparative study which looking at all the fuqahā’s views regarding the permissibility of using Ḥīlah. To achieve its aim and objectives, this academic exercise will use the books of turath and muʻtabar for references, as well as references from the internet. As a result, there are few important findings; firstly: there are two kind of Ḥiyal namely as al-Ḥiyal al-Syarʻiyyah; the permissible Ḥīlah, and al-Ḥiyal al-Muḥarramah; the prohibited Ḥīlah, and looking at their effects to the Sharia. Secondly: There are guidelines to identify these types of Ḥiyal which happens today, and to provide the verdicts which has been thoroughly debated among the fuqahā’ by presenting their arguments and proofs from the Al Quran, the Sunnah, Ijmaʻ, Qiyās etc. As examples to Ḥīlah, this exercise will discuss the of Ḥīlah in ʼAhwal al Shakhṣiyyah such as nikāḥ al-Taḥlīl dan al-Mīrāth, and in al-Mu‘āmalah matters, that is, Bay‘ al-‘Inah and Bay‘ al-Tawarruq by presenting views of the fuqahā’ on those particular matters.