الفهرس 
ماهية الإقالة في الفقه الإسالمي والقانون المدنييوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
There is no doubt that the contract is considered one of the most important sources of commitment in Islamic jurisprudence and civil law, as God Almighty commanded us to fulfill contracts and covenants. Thus, the commitment to implement the provisions of contracts between the contracting parties in Islamic jurisprudence is confirmed. For example, a sales contract requires the buyer to pay the price of the thing sold at the time of the contract, unless it is deferred, and the seller must deliver the sold thing at the time to the buyer, and transfer ownership to the buyer so that he can dispose of his property. The lease contract obliges the lessor to hand over the leased property to the lessee so that he can benefit from it, and the lessee must pay the rent in return for the use of the property, for a specified period between the two parties, but the contract may arise valid and sound with the availability of its elements and conditions, but despite that neither one or both of the parties The implementation of the obligation arising from the contract, which leads to its cancellation or revocation, and therefore it was one of the most prominent means of terminating the contract through the unilateral will of one of the parties or through termination by agreement, or judiciary, or termination by the force of law, and the contract may end through dismissal as A means of terminating the bond of the contract. For example, Article (157) of the first paragraph of the Egyptian Civil Code stipulates that: “In contracts that are binding on both sides, if one of the two contracting parties does not fulfill his obligation, the other contracting party may, after warning the debtor, demand the execution of the contract or its rescission.” Article (160) stipulates that: “If the contract is rescinded, the contracting parties shall be restored to the state in which it was before the contract.People need to conduct financial transactions - such as selling and renting, for example - on an ongoing basis in their daily lives. Due to the difficulty of life without that, and this is what may sometimes result in regretting the conclusion of some of those contracts because of the rush to conclude them as a result of the speed of concluding contracts, especially in light of modern means of communication, or because the contractor thinks that he needs that commodity by yielding to attractive commercial propaganda, for example, then it becomes clear After that, he may not need it, which is more necessary for the price he paid, or for other reasons and motives for creating contracts, which are sometimes not deliberate and contemplative.The principle in the contract is that when and then it is valid, it is binding on its parties, and none of them has the right to derogate from it, or rescind it at his own will, and this principle is expressed that the contract is the law of the contracting parties, and therefore the contract may not be revoked, nor amended except by agreement of the two parties or for reasons approved by the law, and the meaning of This is because contracts, according to the principle, are considered necessary and binding on their parties, and therefore one of them cannot unilaterally terminate the contract without the consent of the other contractor. However, there is nothing that prevents them from agreeing to annul the contract or abandon it if circumstances or reasons occur that may lead to its demise before its implementation, which may justify one of the parties to a specific contract derogating from it, and not complying with its terms, conditions, and provisions, and its effects on Despite his resurrection and the availability of all the conditions for his health.the possibility of the contracting party retracting his contract in agreement with the other contracting party, which is known as the dismissal theory, is considered one of the ideas and principles adopted by Islamic law, as Islam regulated the relationship that binds members of the Islamic community to each other, so it did not leave them a matter to deal with in their daily lives except that it legislated for them the ruling In it, he left room for them to diligently deal with emerging matters after he established general rules for them to follow, and this is evidence of the flexibility of Islamic law and its validity for every time and place. This is in order to ensure the stability of transactions, and to establish a good balance between the positions of the contracting parties.In order for that remorse to disappear from the conclusion of the contract and for the regretted interest to be fulfilled - for the two contracting parties or for one of them - it was necessary to return the situation to what it was before the contract. For example, in a sale contract, the commodity returns to its seller, and the price returns to its payer, who is the buyer. This is achieved in Islamic law through dismissal.Researching dismissal is of great importance, because it has a direct relationship to all the contracts that people deal with in their daily lives, and many of them do not know the meaning of dismissal, and is it legitimate or not? And how to hold it? And its relationship to financial and non-financial contracts? It is also a protection for the financial rights resulting from contracts binding on both sides, as these rights involve a kind of exchange between the contracting parties. Therefore, each contractor must fulfill his obligations resulting from the contract in order for the other contractor to fulfill the rights that he has from that contract. This study comes as an attempt to clarify the dismissal theory and answer the previous questions.The research problem is summarized in shedding light on one of the contracts brought by Islam and comparing it with civil law, and its related applications, and the questions it raises about what is meant by dismissal in both Islamic jurisprudence and civil law, and the extent of its legitimacy, and determining its legal nature and adaptation, as well as the conditions that must be met. Its availability for the validity of dismissal, its legal ruling, and its impact on the contracting parties or third parties.
Since the study revolves around impeachment and its implications in Islamic jurisprudence and civil law, and on this we will rely in our research on the comparative and analytical approach; To clarify these effects of dismissal