المقاصد المرعية في العقود الشرعية : دراسة تطبيقية مقارنة على العقد في قانون المعاملات المدنية السوداني لسنة1984م

Abstract

Abstract Praise to be to Allah who said, “Oh those who believe fulfill contracts”. Verse 1, Al’ma-ida. And He said, “Oh you who believe, do not consume one another’s wealth unjustly”. And May Allah’s blessing and peace be upon His Messenger Mohammad, who said, “The sign of a hypocrite is threefold; lying when he speaks, breaking his promise and misappropriating others’ own.” ز This research titled:(Sharia Purpose considered in Legal Contracts: an applied and comparative study of the Sudanese Civil Transaction Act of 1984). The researcher aims at knowing and understanding the purposes of Islamic Sharia and their aims and objectives with regard to the object of contract on the back ground of the researcher’s observation that the object of contract in legal contracts need for a specialized study, to highlight the objectives of sharia. The study aims at comparing the Sharia purposes in legal contract with the references to them in the Sudanese Civil Transaction Act of 1984. This is done by showing the purposes of conditions in the object of contract. To achieve this aim, the study is based on putting forward the following questions:  What is the importance to study the purposes in contracts?  Is there a need for this?  What do those working in the legal field and the society gain from all this?  How far have man-made civil legislations taken into consideration sharia purposes?  What is the role and duty of man-made laws in emphasizing the bases of Islamic Shaira, by putting it to the civil legislation? The study used the descriptive, analytical and comparative method to explain the concepts related to objects of contracts embodied in each of Islamic fiqh and man-made laws coupled with some practical applications in the Sudanese judicial judgments. The study is divided into an introduction, a preliminary chapter, two other chapters and a conclusion. In the introduction, the researcher discussed the reasons for choosing the topic, its significance, the problem of the research, its objectives, the method adopted, the limits of the research, the instruments and tools applied the assumptions, the tearms used, the bibliography and the setting.