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العنوان
نحو نظرية عامة لفسخ العقود في الفقه الإسلامي :
المؤلف
دياب، مصطفى السعيد السيد علي.
هيئة الاعداد
باحث / مصطفى السعيد السيد علي دياب
مشرف / محمود محمد حسن
مشرف / مصطفي احمد بخيت
مناقش / ممدوح محمد خيري المسلمي
الموضوع
الفقه الاسلامي. العقود.
تاريخ النشر
2024.
عدد الصفحات
516 ص. :
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2024
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم الشريعة الاسلامية
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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المستخلص

All praise is due to Allah, we praise Him, seek His aid, and ask for His forgiveness. We seek refuge in Allah from the evils of our souls and the wickedness of our deeds. He whom Allah guides, none can misguide, and he whom He misguides, none can guide. I bear witness that there is no god but Allah alone, with no partner, and I bear witness that Muhammad is His servant and Messenger, may the peace and blessings of Allah be upon him and his family and companions.Now then...When Allah, the Almighty, created the creation, He made their interests interconnected and their needs integrated, and they cannot do without each other. Therefore, Allah has prescribed contracts for His servants to regulate relations between them. Contracts are one of the most important means of exchanging goods and services among people in different eras; through them, people can obtain what they have by mutual consent, and thus security, reassurance, and prosperity prevail among people. The contract, after its completion and the contracting in the correct manner as explained by the wise Lawgiver and organized by positive laws, is written with binding force that obligates its parties to respect what the contract requires, and obligates them to fulfill the obligations they have committed to. The conclusion of the contract is the beginning of the relationship between the contracting parties, and the establishment of the contract correctly transfers the contracting parties to the effects of the contract. God Almighty has commanded the contracting parties to fulfill contracts, as He, the Most High, said in His Noble Book: (O you who believe, fulfill contracts) (1). This noble verse is clear evidence of the obligation of contractual commitment and the necessity of respecting the effects of the contract and fulfilling its obligations as soon as it is concluded correctly.