هامش الجدية : حقيقته و أحكامه الفقهية

الملخص EN

This study aimed to showcase how Islamic Law paid attention to transactions rules and documentation regulations, defining earnest payment and its adaptation and regulations In Islam.

The study comes in an introduction, three sections and a conclusion.

The introductory part defines the study terms.

The first section deals with the purpose of earnest payment transactions.

The second section addresses jurisprudence adaptation of earnest payment.

The third section discusses the Islamic law position and ruling of earnest payment transactions.

The study showed that that earnest payment is a deposit made by a buyer to demonstrate that he/she is serious (earnest) about wanting to complete the purchase.

The purpose of earnest payment is to guarantee that contractors are earnest in transactions in a legally binding document, that bank can be compensated, reducing attorney and litigation fees.

It was concluded that the drive behind earnest payment is legallybinding documentation and that obligation should not be based on promise it is prohibiting in Islam by evidence as other alternatives are at hand in the best interest of contract stability.

Earnest payment should not be used in bank transaction profits as well.