التصرف في الديون بالبيع بين الفقه الإسلامي و القانون الكويتي

الملخص EN

This article aims to deal with debts in selling between Islamic jurisprudence and the Kuwaiti Law.

Islamic banks are considered one of the most important financial institutions that apply debt selling to the debtor and to others according to Sharia and law in order not to override the statements of Sharia scholars.

These banks are also obliged to prosecute when a dispute with the client is based on the provisions of Kuwaiti civil law.

Therefore, the study tries to clarify the opinions and correct views of the jurists' preferable opinions on the issue of selling to the debtor and others in case the customer stumbles or sometimes needs liquidity.

Some civil legislations such as the Kuwaiti civil legislation have tried to follow the Islamic legislation to connect Western legislation with Islamic jurisprudence.

Therefore, we made a comparison between the two legislations to find out the most salient differences and highlight the characteristics of selling between Islamic jurisprudence and the Kuwaiti civil law.

The researchers concluded that there are salient differences such as the Kuwaiti civil law fails to provide decisions in many cases of selling, and the jurists were keen to put in place legal controls in order to avoid usury, deception and transactions that are forbidden.