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Register a new userBenefit exception in the contract of sale In Islamic jurisprudence
استثناء المنفعة في عقد البيع في الفقه الإسلامي
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تيسير برمو( باحث )
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تناول هذا البحث بالدراسة شرطاً من الشروط التي قد تقترن بعقد البيع، و صورته أن يبيع شخص حقيقي أو اعتباري لآخر عيناً، و يستثني منفعتها مدة معينة، و هو نوع من التعامل له صور قديمة معروفة عند الفقهاء الأوائل، لكن طرأت له في عصرنا أنماط و صور مستجدة، أخذت بعداً جديداً على قدرٍ من الأهمية في سياسات التمويل و الاستثمار عند المؤسسات المالية الإسلامية المعاصرة، و مهمة البحث القيام بدراسة تأصيلية مقارنة عن هذه المسألة، و بيان مدى شرعيتها من منظور الفقه الإسلامي.
This paper deals with the study condition of conditions that may accompany the contract of sale, and his image to sell a real person or legal entity to another kind, and excludes certain period of usefulness, and is the kind of deal his old photographs known to the early scholars, but it occurred in the patterns of our time An update and photos, I took a new dimension to be important in the funding policy And investment in Islamic financial institutions today, and the task of searching Taeselah compared to study on this issue, and the extent of its legitimacy from the perspective of Islamic jurisprudence. ...
References used
عون المعبود: أبو الطيب محمد شمس الحق العظيم آبادي، دار الكتب العلمية،بيروت , 1415 ه
مسند (أبي حنيفة) : أبو حنيفة النعمان/ 150 /ه،مكتبة الكوثر، الرياض،الطبعة الأولى.
معرفة علوم الحديث: أبو عبد الله محمد بن عبد الله الحاكم النيسابوري، دار الكتب العلمية، بيروت، 1977 م.
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Legislation, in the world, moves to pay attention to the subsequent care for
convicts, and then the culprit who has committed an offense and has been sentenced
needs care during and after the implementation of his sentence to be back as a useful
m
ember in his society. This care involves convicts' rehabilitation after the
implementation of their sentences to preserve their dignity and rights.
Therefore, the Positive Legislation has embraced the so-called 'Rehabilitation
Institution' which is trying to treat the effects of these sanctions. This institution does
not exist by that name in the Islamic Criminal Legislation. However, this research
aims to compare the fixed concepts in the Islamic jurisprudence which intersect with
the principles of institution of rehabilitation in the positive legislation _ especially in
the Syrian Penal Code _ the research involves the rooting of the concept of
rehabilitation in the Islamic jurisprudence through the systemof repentance and the
concept of eligibility and justice. It also includes a statement of the method of Islamic
legislation in dealing with the effects of sanctions after their implementation on the
eligibility of convicts and their social status.
This research attempts to study the rule of the popularity supervision (control) in
Islamic Jurisprudence.
The study shads light on the Jurisprudent's (opinions) in this subject , and all them
agreed that it (the popularity supervision is collecti
ve duty to be at the shoulder of
society persons (individuals).
The research explains the evidences in the Quran, the traditions (hadith) and the
statements (sayings) of Companions of the prophet Mohammed.
Then , the research clarifies (explicates) the methods (ways) of achievement .
(accomplishment) the popularity supervision.
And Finally, The research study the history of rise (formation) of the popularity
supervision and the manner of development its across (over) the ages.
Syrian Legislator and UNCETRAL rules, have declared that
electronic offer authoritative, and gives the electronic offer as
authentic as traditional offer, and have the same legal effects.
The subject of the option exchange of important issues in the jurisprudence of
financial transactions, as it falls under the jurisprudence of the options associated
with Palmtbaiein and needs of Islamic banks in their commercial transactions, as
p
eople need to be treated in Bauahm, and briefly enable the requirement of
prudence in the price it becomes Mncoda or not, what is the truth this option?
Schools of Islamic jurisprudence and the position of it? , And what are the
conditions of his? And its impact on the contracts? What are the applications in
modern banks?.
One of the most important marine sales, and the most dealing with international trade contracts, is the FOB sales contract, which is the delivery on board the ship, and it is no secret that the obligations of this contract are the responsibility of b
oth the seller and the buyer, both. The most important obligations of the seller in the case of selling the goods under the FOB contract, the obligation to deliver the goods, as the seller, once he delivered them on board the ship, transfers the ownership of the goods to the buyer, and accordingly moves accordingly the risks that they may encounter across the sea.
However, the seller may refrain from delivering the goods, and this has many implications, especially the most important one is to give the buyer the right to request in-kind implementation or the termination of the FOB contract, which constitutes a breach and disruption in the level of international trade as a whole, given the complexity of the commercial relations that arise from this contract, on the one hand On the other hand, the seller’s failure to deliver the goods is considered to be the loss of the trust that forms the basis of the commercial deal.
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