مال متقوم کی جدید صورتیں ایک شرعی و تحقیقی جائزہ

Abstract

This study provides a juristic and analytical examination of the contemporary forms of māl mutaqawwam (legally recognized property) in light of classical Islamic jurisprudence and modern economic developments. It explores the definition, conditions, and scope of māl and assesses whether emerging non-material and digital assets such as intellectual property rights, software, social media accounts, and cryptocurrencies fall within its juristic framework.

By comparatively analyzing the views of the four major Sunni schools of law, the study demonstrates that while early jurists often emphasized tangible assets, later scholars and the majority of jurists expanded the concept to include usufructs and rights based on custom (ʿurf) and benefit. Building upon key legal principles—such as the presumption of permissibility in transactions, the authority of custom, and the prohibition of harm and uncertainty—the paper evaluates the legitimacy of modern financial forms.

The study concludes that non-material and digital assets may be classified as māl mutaqawwam if they possess recognized economic value, lawful utility, transferability, and are free from Sharīʿah prohibitions. Conversely, elements involving deception, gambling, or illegitimate use exclude such assets from this category. The research highlights the need for balanced juristic reasoning and collective ijtihād to address evolving economic realities.