الضمانات التوثيقية في الفقه المالكي و دورها في استقرار المعاملات المالية

الملخص EN

Documentation is the most important way to protect people’s rigths and money from loss and pay any dispute ; so that the cintracting party feels reassured and safe that makes him accepet that cintract in various financial transactions,to achieve this, the islamic Fiqh especially the Maliki fiqh a set if controls and conditions in both the notarized and the dicument, which constitue strong guarantees that enable the achievement of these goals and thus the stability of these transactions.

The Maliki Foqaha examined and arrived everything abaout notary as his Islam,justice, honesty, chivalry, vigilance, soundness of his senses, and his knowhedge of Islamic law, and mastery of the art of authentication, which procects him from falling into prohibited matters,as well as that is related to the document,whether by specifying the contracting parties and describing them fully or describing the subject matter of the transaction is to specify its date and write a complete and clear document readable, understandable, error- free, and finally the signature of notary and the judge’s marking and these are controls that must be referred today in the face of shortcomings that the laws suffer at the level of achiveving contractual security.