الخلاف الفقهي في تكييف خطاب الضمان وما يترتب عليه من أحكام: دراسة فقهية مقارنة

الملخص EN

The letter of guarantee is one of the operations related to the work of banks, and it plays a prominent role in trade at the local and international levels.

it has become one of the most important services provided by banks in general and Islamic banks in particular to their clients contemporary scholars have divergent views on the legal adaptation of the letter of guarantee this discrepancy resulted from the different understanding of scholars to describe the relationship between the customer and the bank some of them said that it is a fee, and some said that it is a guarantee, and some researchers went to the fact that the letter of guarantee is an agency contract, and others said that the letter of guarantee can be extracted on the basis of the tax on the guarantee some researchers went to say that the letter of guarantee is not a matter of guarantee or agency, rather it is a pledge of the condition ...

this dispute has resulted in several provisions, and this research came under the title the Fiqh controversy in the conditioning of the letter of guarantee and the consequences of the provisions a comparative.

jurisprudential study.

the research dealt with the differences of scholars regarding the jurisprudential adaptation of the letter of guarantee, and the rulings that resulted from this dispute.

the problem of the research lies in monitoring the most important problems raised by the jurisprudential adaptation of the letter of guarantee in practice, and trying to find the most important solutions and jurisprudence adopted and approved by Islamic jurisprudence to address them, and determining the legal adaptation of this transaction, and its implications and provisions before and after its implementation.

explanation of the nature of the letter of guarantee in Islamic sharia, and the statement of the jurisprudential conditioning for it, and the impact of the difference in this conditioning i followed in this research more than one scientific method; and that is because the research needs that, and i started with the inductive approach in terms of extrapolating issues related to the topic, and i also followed the analytical approach where the evidence was analyzed and the face of its significance, and i also followed the descriptive approach in terms of depicting the issues in a depiction that highlights the legitimate ruling correctly, and i also followed the deductive approach by deducing the face of significance from evidence, and eliciting the correct ruling, as well as by deducing the effects and rulings resulting from each adaptation i also followed the comparative approach by comparing the different schools of jurisprudence.