Principle: What is Forbidden to Take is Forbidden to Give )A foundational and Applied Jurisprudential Study(

Abstract

The science of legal maxims is among the most esteemed and beneficial of the Islamic sciences, for it gathers together the scattered branches of jurisprudence into comprehensive, overarching principles that govern their issues, reveal the objectives and secrets of Islamic law, and assist the jurist in understanding the rationale behind rulings and connecting specific cases to their general principles. Scholars have devoted considerable attention to this science, authoring numerous works on it and deriving from the texts and rulings of Islamic law principles that govern the various areas of jurisprudence. Among the principles that demonstrate the Sharia's concern for closing the doors to corruption and preventing cooperation in sin and transgression is the principle, "What is forbidden to take is forbidden to give." This jurisprudential principle revolves around prohibiting participation in transactions that are forbidden by both parties. The prohibition of taking in many cases necessitates the prohibition of giving, as this constitutes aiding in what is unlawful and contradicts the objectives of Sharia in preserving wealth and protecting society from corruption. The importance of this principle is evident in its numerous applications across various areas of jurisprudence, particularly in financial transactions such as usury, bribery, the price of prohibited goods, and the unjust acquisition of wealth. Its significance is further highlighted in contemporary issues where dubious or prohibited transactions have proliferated, making the study, establishment, and clarification of its applications of paramount scholarly and practical importance. Hence, this research came to explain the reality of this rule, its legal basis, and its jurisprudential applications, while identifying its controls and any exceptions that may apply to it, in order to highlight its role in regulating transactions and achieving the objectives of Sharia.