المساواة بين الجنسين في العقود المالية : دراسة فقهية مقارنة

الملخص EN

The research deals with the study of the topic : "gender equality in financial contracts.

a comparative jurisprudential study" and the researcher issued the research with an explanation of the meanings of the terms of the title of the research, so he clarified the meaning of equality and the meaning of contracts-according to the scholars of the Arabic language and in the terminology of jurists.

the researcher also clarified the position of equality in Islamic sharia, and that it occupies a high position in it, and that it is the goal of justice.

the researcher supported the meaning by texts from the noble Qur’an and the purified Sunnah of the Prophet (peace and blessings be upon him), explaining the middle Islam’s approach to equality, and so it contradicted the tyrannical approach that oppressed the women and considered them a commodity to be bought and sold.

and also it violated the imaginary approach that equated between the two sexes (men and women), and did not take into account the physical and mental differences between them, and the researcher showed the equality of Islamic sharia between the two sexes in the eligibility to conduct financial contracts, through puberty, and adulthood, as well as the settlement between them in the necessity of testing both of them as a condition for receiving their money after puberty, by taking into account the physical differences in this test by diversifying its methods ; due to the different physical composition of the two sexes.

the researcher collected images and forms of gender equality in the possession of money, whether it was possession without earning-such as equality in the origin of entitlement to money by inheritance, and equality in the origin of entitlement to money with a gift from the father-or the possession of money by acquiring that money by work, then the researcher dealt with the study of an important issue, which is gender equality in the right to dispose of owned money, whether the disposition is by concluding financial contracts, or by drawing closer to Allah through (donation).

indeed the researcher used the comparative inductive approach in studying the comparative issues mentioned in the research, by presenting the opinions and the inferences of Islamic jurists from various Islamic sects, and putting them to the contemporary images (in our life now).

the research showed that Islamic sharia preceded the man-made laws in determining the right of a woman to own money like a man, and that there is no difference between them in the eligibility of owning it.

the research proved her right to financial disposition without supervision from the man in charge of her affairs.

the research concluded-after studying the jurisprudential opinions related to these issues-that Islamic sharia was a forerunner in the complete settlement between the two sexes in the financial contracts.

at the end of the research : the researcher recommended that the official religious institution in Egypt (al-Azhar al-Sharif) carry out scientific projects aimed at responding to the suspicions-which are raised in the various media-about the rights of Muslim women in Islamic societies, and to demonstrate the superiority of Islamic law in this file, and to translate these works into other languages and distributed around the world.