منع القراض بالعروض عند المالكية بين التصوير والتعليل وأثر ذلك على التنزيل: حسبة الحوانيت نموذجا

الملخص EN

The importance of the jurisprudence of transactions is apparent, especially in chapters in which sharia took into account the need such as Qiradh.

Qiradh is among the most important and used contracts.

however, Maliki's requirement of cash in its capital hinders its practice.

this study was devoted to clarify the extent of this condition and the reason for the prohibition.

it will also investigate if the prohibition still applies to the current forms of Qiradh.

the findings revealed that Malikis, prohibited Qiradh by offerings, however, the current forms in the accounting of shops are free from the reasons with which the Malikis justified the prohibition.

in the current situation, Qiradh is not linked to the objects of the offerings so it would not include a high level of uncertainty (Gharar), nor it is sold as a property of the investor to ensure there is no free labor.

the contracts are signed based on the value of the offerings following experts' evaluations to eliminate Gharar.

the worker is a partner in the profits resulting from his work.

assuming that this is a prohibited Qiradh, we have clarified the Maliki doctrine of partial Ijarah.