النظرية العامة للعقد و التشريعات الخاصة: فلسفة مختلفة لكن الاهتمام واحد

الملخص EN

The contract lost the interest of the legislator, jurisprudence, and the judiciary.

All worked to keep the contract instead of its collapse.

Therefore, both the general theory of the contract and the special legislations following the general Sharia are a way to preserve the contract and that will only be by paying attention to the interests of the contractors together.

The difference in perception of both the general Sharia and the special legislations is a difference in substance and not a difference in purpose.

Both seek to achieve justice, stability and security, even with different mechanisms, but they are in the service of the contract.