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Article Review Anam Iqbal (page 56-62) (Application of the Maxim in Fiqh…
Article Review Anam Iqbal (page 56-62)
Application of the Maxim in Fiqh
When a person is unsure whether or not he has paid zakah, he is still liable to pay it.
The obligation of zakah has been established on his liability with certainty.
A person has been missing for a long time that is unknown whether is still alive. This case, he persumed alive, constructively, as long as no evidence arises to the contrary. and hence his wealth cannot be divided among the heirs.
This is because his life was certain prior to his going missing while his death is a matter of doubt.
If a pasting person doubts whether the sun has set, he is not allowed to break his fast.
The daytime has been established with certainty and considered to remain the case until definite evidence arises that is has ended.
maxim of finance
burden of proof on accuse
capital provider of negligence of misconduct
only provided capital after determining that mudarib was trustworthy
why?
transaction a trust based on relationship
consider remind debt until proof to show when ?
if consumer claims he paid and installment of the debt
lost the recipe and bank no record
islamic bank
audit by?
tax authorities
providers documentation of income and examptions
cannot claim owes more tax unless?
proven debt documentation forged
make a mistake in calculation in examptions