Cases of Preventing Conflict Between the Provisions of Sharia and Positive laws

Abstract

 There are some cases in which the fatwa in the financial institution conflicts with positive law, and the legal rule may not be contrary to Islamic jurisprudence in all its schools, as there is no problem in the obligation to adhere to the Sharia ruling and to reject the legal ruling if it contradicts the Sharia and its texts.

This Article came to study the possibility of obligating judges and financial institutions to a ruling that differs between the schools of jurisprudence and the basis for this obligation. We reached the conclusion that the state obligating the general public and financial institutions in the country to legislation is an acceptable matter and produces its effect in the obligation, whether the subject of the ruling is a choice between juristic opinions or sectarian opinions, or it was a restriction on what is permissible or a formal regulation required by the prevailing interest, and that positive legislation may create permissibility, so it does not prevent Islamic banks from choosing between rulings or differing in fatwas on issues in which the difference does not conflict with the general rules or is not subject to criminalization in penal legislation.