الامتناع عن القبض في التمويل بالاستصناع و المرابحة

الملخص EN

Contemporary jurists and researchers have studied topics related to financing contracts in banks, especially the Istisna’a and Murabaha contracts, and in order for the financing formula to be completed, it is necessary to know all the rulings related to it, including : refraining from taking possession, and this is one of the objectives of the research, and that among the important issues in this important sharia is what is related to in financial transactions, jurists have been interested in studying them, and among what contemporary jurists and researchers have studied are topics related to financing contracts in banks, especially the Istisna’a and Murabaha contracts, this research sheds light on the issue of the client's refusal to receive in these two contracts, and among the objectives of the research-also-is to indicate the need for a detailed study of contracts based on the promise, while bringing up what the scholars mentioned in the issue of the rule of obligation to promise, as well as highlighting the extent of the jurists' care for the accuracy of the issues, and detailing them in a satisfactory detail, and their differences that show the power of understanding and the ingenuity of reasoning and reasoning, and also considering financing contracts as one of the important transactions carried out by banks for economic development, and meeting the needs of individuals, and I followed in this research relying on original sources in collecting scientific material, then reviewing contemporary research, if the issue is controversial, then it is taken into account to portray the issue, to edit the subject of the dispute, then to mention the sayings in the issue, and the most important evidence and discussions, then the weighting with a statement of its reason, among the results of the research is that the Istisna’a contract is a necessary contract between the two parties, especially after the manufacturer’s vision of the Istisna’ in it, as well as in the Murabaha sale to the one who orders the purchase, with the promise being binding on the two contracting parties.

the bank owns the required commodity, which the customer wishes to own, the contract is binding on both parties, and accordingly the bank must deliver the commodity to the customer, just as the customer must receive the commodity, and a judgment is required in the event of non-receipt, and the researcher recommends deepening the jurisprudence study in the new contracts.