طبيعة عقود المعاملات و أثر الموت في انفساخها

الملخص EN

Bjt summary nature of contracts and transactions and the impact of death in Anfsakha Praise be to God the King Idol, a lawmaker of the terms and contracts, and peace and blessings on his brigade held, and pelvis Morod Prophet Muhammad Mahmoud, and his family and his companions brave black, and followed them and marched on their way to the Promised Day.

After: The God prescribed the provisions where the interests of the human species and which of them contracts the legitimacy that a lot of good for His slaves, and these contracts, including that of Balebadt Kaloagaf, and emancipation, measure, and write, and others, including those related to transactions in general, both financial and non-financial, so will be the focus of this research contracts and transactions in a broader sense, through the nature of a mission related to these contracts, namely, knowledge of contracts, where necessary, or permissible, and these contracts, which is similar in its provisions, like many of the contracts for the sale, or other, and focus on these species will be again, so I opted said the most important contracts for transactions.

Know the nature of contracts and transactions is important, because knowing that, the contract is permissible or necessary consequent impact legitimate with respect to that contract, and is different therefore the impact of the required contract, other than the impact of the contract may be, and this is important from a legal aspect as is obvious to the specialists, which why I is that I did not find as seen by the sources on the source of a special talk on the subject of this recital, and focuses on the impact of death in these contracts, because the impact of death is based on mostly to the nature of the contract in terms of necessary or permissible, as that there are mixed into this subject and thought that the matter is settled for many of the contracts as necessary or permissible, and thus carries with it a sentence in advance, and this is an error exists in the scientific reality in which we live.

From here the idea was to focus on this subject, and that research be focused primarily on the nature of the contract as necessary or permissible, then mention the impact of the death of one or both of the two contracting parties to that contract, other than length, or focus on penalties, because the basis of destination is to look buried in the books of fiqh on the nature of those contracts, and this in itself requires a great effort, because many of the scholars did not speak of such contracts of this recital in such detail, but said I just mention casually is to focus on, and this explains the absence of some consensus in the doctrine some of the contracts for this reason, this does not mean they neglect to mention completely, because this search is only a collection of these views scattered both elaborate where some or not to expand, than with some of the scholars mentioned some of the shortcut or by way of the census, and this is easily the task of searching, but that sometimes collide in different transport scholars even in the doctrine of one sometimes, and this is where it is difficult to know for absolute accuracy of the nature or characteristics of some contracts, Contracts legitimacy of great importance in daily life, it hardly left behind or abandoned, they are things that affect the lives of everyday human, from a wedding, or sell, lease or fanner, or a company, or mortgage, or reconciliation, or to that of other contracts of interest to rights all the time and while, as legitimized by God to the people's interests, Lauder harm him, and all this in under the very feature that distinguished Islamic law since his birth, namely: to relieve the hardship of the people, and make it easier on them.

Divided contracts legitimacy on the whole, several considerations, the most important characteristic of these considerations is that they agree that some contracts may be required from either party that the two contracting parties, as well as might be warranted also by the parties, they may Jaizin of the party and the Wiseman from another party , and this is almost agreed upon scholars, even though they differ in Tksemathm of those contracts.

Origin in the decades when most be needed Notes on the contracts needed to dominate it does not attribute Tnevsk death, and that the contracts award Tnevsk death most likely, although not steadily in all contracts, other considerations may not be related to Balzom, or may contract.

This subject is one of the important topics of the specialists in matters of legitimacy, particularly focuses on is virtually no inventory of all the main points, rather it is what is apparent in the Islamic books, and what it needs to be a great effort, to find the information here or there is more research sobriety, May Allaah the Almighty our fuqaha the best reward for their service in this law glue.

In conclusion, this widow's mite, but the I have been able to shed light on this important subject, through the said doctrine, and ask God to have mercy in this house and that house, it's Rahim Ghaffar, blessings and peace upon the Prophet is chosen, and a prayer to thank God Lord of the Worlds