قبض المعقود عليه في المعاوضات و تطبيقاته المعاصرة : دراسة فقهية مقارنة

الملخص EN

The present research aims to explore the different ways of taking possession of the subject matter in reciprocal contracts, their conditions, their methods in Islamic jurisprudence, their modern methods and the extent to which they are in harmony with traditional methods, as well as their subsequent provisions.

The inductive research methodology is adopted and utilized to track down the points related to the research topic in ancient jurisprudence.

The descriptive approach is also adopted to portray the problems related to the research topic.

Moreover, the inferential and deductive approaches are adopted when providing the pieces of evidence in jurists' views, inferring legal rulings on the calamities from the principles and the approved rules of source-texts, consensus and analogy.

The researcher concludes with several findings the most important of which are the following: Taking possession involves enabling the buyer to take hold of the contract subject matter and dispose of it in every possible way without any kind of constraining barrier.

According to its nature and character, the process of possession taking is divided into two parts: actual and virtual.

Taking possession of immovable property, premises, etc is achieved by vacating them and lifting all barriers so as to enable the buyer to freely dispose of them.

Taking possession of immeasurable items shall be in accordance with ongoing customary practices among people.

Receiving consideration or price via a check is valid if the check is certified.

Receiving consideration or price by means of a bank record or credit cards is considered a virtual receipt which is legal and valid.

Recording in registries is also considered a virtual seizure that replaces actual possession taking and results in the legal effects of the actual seizure of the property.