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Title: أحكام الإلزام بالوعد وتطبيقاتها في عقود المعاوضات :دراسة فقهية مقارنة
Authors: كوني عمارا
Keywords: عقود المعاوضات
حكم الوعد - الفقه الإسلامي
Issue Date: 2020
Publisher: جامعة إفريقيا العالمية
Citation: جامعة افريقيا العالمية-عمادة الدراسات العليا والبحث العلمي والنشر-كلية الشريعة والقانون -قسم الشريعة
Abstract: Abstract This study dealt with the topic of provisions that relate to the binding promise and its application in contracts of compensation, to identify the legitimate intentions of the conditions and controls related to it, and to highlight the extent of the necessity of fulfilling a religiously and a judicially, and it does relate to the matters of the well-known without the compensations as said by a group of jurists, or related to them together without differentiation, as is the opinion of some jurists. Hence the problems arose, it is such as deception or selling of something that is not in man's possession or the sale of debt with debt (credit/liability), and through it the research touched on clarifying the words of promise and commitment and what related to them from other terms and the statement of sections of the promise of the jurists and its binding form and non-binding, the difference between binding appointments and sales contract, with setting controls for obligating the promise. Then an applied study in the contracting contracts with clarification of what the binding promise from both parties and from what one party responds to and the obligation is not answered at all. I followed in the study of this research, the inductive approach, descriptive, and comparative juristic approach in studying and analyzing the issues under discussion, the study concluded with an indication of the effects that relate to the binding promise when applied positively and negatively in the netting contracts. And the legal texts ordering the fulfillment of the promise did not differentiate between a promise and another, nor between what is attached to a condition or linked to a reason, but it came at all, so it deals with the promise of virtue and others, and that the binding promise does not take place on all the compensations but rather responds to some without some, and that a principle is obligated to the promise, that the promise is not a means and a ploy to usury or forbidden treatment, and that the promise is a voluntary and chosen obedience.
Appears in Collections:أطروحات الماجستير

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