Rulings on Excess Wealth of Unknown Sources According to Islamic Law

Abdulwahed Liaqat
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Abstract

Islamic law places a paramount emphasis on safeguarding wealth and preserving it from loss, and it deems its preservation as one of the objectives of Sharia. Islamic law views wealth in a general sense and regards unexplained surplus wealth from a humanitarian perspective. The aim is to elucidate the comprehensiveness, adaptability, and relevance of Islamic Sharia, demonstrating its capability to address contemporary needs by providing rulings that uphold benefits, prevent harm, and contribute to enlightening people about the principles of wealth preservation. Contemporary and emerging issues are numerous and require clarification of their legal rulings, particularly new forms such as the treatment of abandoned funds in customs, the status of deposits in commercial banks, the handling of profits in banks with unknown owners, funds in the possession of money changers, and those held in exchange centers. These issues fall under the purview of Islamic jurisprudence, akin to the concept of "lost property," due to their significant importance in jurisprudential deliberations and contemporary practical applications. The resultant conclusion is that surplus funds of unknown origin are treated akin to lost property. Contemporary and emerging matters necessitate a legal ruling, and if the owner of such funds cannot be found, they are generally allocated to charitable causes, which are broader than the concept of Muslim interests. These causes encompass various charitable endeavors, such as aiding the poor and constructing mosques, as they are considered avenues of charity.
根据伊斯兰法对来源不明的超额财富的裁决
伊斯兰法十分重视保护财富,使其免遭损失,并将保护财富视为伊斯兰教法的目标之一。伊斯兰法从一般意义上看待财富,并从人道主义的角度看待无法解释的剩余财富。其目的是阐明伊斯兰教法的全面性、适应性和相关性,通过提供维护利益、防止损害和有助于启迪人们了解财富保护原则的裁决,展示其满足当代需求的能力。当代和新出现的问题很多,需要对其法律裁决加以澄清,尤其是新形式的问题,如海关对遗弃资金的处理、商业银行存款的地位、银行对不明所有者利润的处理、货币兑换商持有的资金以及兑换中心持有的资金。这些问题属于伊斯兰法学的范畴,类似于 "遗失财产 "的概念,因为它们在法学审议和当代实际应用中具有重要意义。由此得出的结论是,来历不明的剩余资金与遗失财产有着类似的待遇。如果无法找到这些资金的所有者,通常会将其分配给慈善事业,这比穆斯林利益的概念更为宽泛。这些事业包括各种慈善事业,如援助穷人和修建清真寺,因为它们被视为慈善途径。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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