Contract Agreement in the Islamic Fiqeh

Contract Agreement in the Islamic Fiqeh PDF

Ziad Shafiq Hasan Qrarya

Supervisor(s)

Dr. Hasan Sa'ad Awad Khader -

Discussion Commity

189 صفحة

Abstract :

Abstract In this study, the researcher deals with rules of contract agreement in the Islamic Fiqeh, and a comparative study with what has been stated in the civil law especially with those laws depending on the Islamic Fiqeh as it is the case of the Jordanian Civil Law. This study includes an introduction, five chapters and a conclusion. The study clarifies the facts and the reality of contract agreement in the Islamic Fiqeh and law. And so as to be plainly defined, the researcher pointed out its distinctiveness, compared it with similar contract agreements and clarified its chief characteristics which make it appears as an independent contract agreement. This study clarifies the importance of contract agreement and its effect in activating the economic cycle, its conditions and implications with their religious evidence from the Kuran, Al-Sunnah and logic. Then the researcher started to explore the elements of the contract agreement which are: the statement, both contractors, and the thing that contracted upon. The researcher also mentioned the reasons in order to cover the legal dimension in his research with an explanation for each element of these points. The researcher prefers to talk about the effects of the contract agreement through indication to the contractor and employer commitment. And in the last chapter, the researcher handles the causes of abolishing the contract agreement in both Al-Sharee'ah rules and law. An index of the Kuranic verses, prophetic traditions, biographies of the famous figures, references and sources is added at the end of this study.

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