بيع الاستئمان في الفقه الإسلامي : دراسة تأصيلية تطبيقية في المعايير الشرعية

الملخص EN

The research aimed to study the selling of trust in Islamic jurisprudence, and its applications in Shari’a standards issued by the Accounting and Auditing Organization for Islamic Financial Institutions.

The first section dealt with Islamic rulings on trust through examination of six aspects, including: the essence of what is trust, the ruling on selling trust, the related jurisprudential regulations, and a lawsuit of deceiving Al-Mustarsil in it.

The second section studied the applications of selling trust in contemporary economics and Shari’a standards.

In the first section, the researcher explained the relationship between selling trust and the other forms of sale at the market price, the position of selling the trust according to Shari’a criteria, and comparing it with the jurisprudence provisions mentioned in the first section, in addition to indicating the extent to which Shari’a standards comply with the provisions of trust selling.

The research followed the methodology of inductive and deductive reasoning by tracing the provisions of selling trust in the sources of Islamic jurisprudence, and deriving its own jurisprudential regulations that set it apart from other forms of selling.

All in all, the research reached many conclusions and recommendations, the most important of which are: selling trust is the trade-off that guarantees the customer who is ignorant of the price the right to choose to refuse or to sign acceptance.

Moreover, a monopolistic competitive market is required to sell the commodity by way of trust.

The researcher hoped that Shari’a Council, which is authorized to prepare Shari’a standards and amend them within the Accounting and Auditing Authority, would adopt the amendments he proposed.