ابتكار العقود المالية : مفهومها و ضوابطها و أدواتها و بعض تطبيقاتها

الملخص EN

Throughout history, man has known many contracts which meet his needs such as selling, renting and others, but since the human needs are not ending, and that the contracts with which people knew may not be sufficient to match all their renewed needs, it was necessary to invent new contracts that were not known at the time of the beginning of the legislation.

In the first chapter, the researcher clarified the concept of contract innovation and related terms.

In the second chapter, the rooting of legitimacy of innovation of contracts is presented.

In the third chapter, tools for innovation of contract are presented, for example legal exception, preference, opens means, mixing juristic views, and contract structuring.

In the fourth chapter, controls of contract innovation are discussed.

In the fifth chapter, applied examples for innovation of contract are presented, for example the sale of murabaha for the order of purchase, and lease that ends with ownership, and company that ends with ownership, and parallel Salam (forward selling), parallel Istisna'a contract, banking Tawarruq, credit cards and othersThe study concluded the legality of innovation of new financial contracts.

This is in order for us to meet the renewable human needs within the controls that make such contracts consistent with the Shariah rules.

Such contracts could be complex contracts which are consisted of several well-known permissible contracts, for example the sale of murabaha to the one who orders to buy, or by modifying and adapting some contemporary transactions that are invented by people today to be adjusted by legal controls, and the removal of all legal violations such as credit card, or the creation of new contracts and transactions, as contracts in Islamic law are not limited to the known contracts.

The researcher adopted the analytical and comparative method, where he analyzed the sayings of jurists and also the contracts that scholars invented and compared the sayings of jurists in this topic.