أحكام اختلاف المضارب مع رب المال فيما يتعلق برأس المال في الفقه الإسلامي

الملخص EN

All praise shall be paid to Allah , the merciful , the compassionate and blessings and Pease to his messenger Mohammad , may pease be upon him , and his companions and righteous followers. As concerning the following : Islamic legists were concerned with the provisions of the dispute provoking between the broker and the capital proprietor in relation to the capital .

they clarified the procedures of these provisions according to their respective rules and fundamentals. This research , which results in the clarification of the statement of the legal (share, at) brokerage contracts , which are not fixed in writing (verbatim), where the parties are sufficed with the trust – worthiness, one the one hand. On the other hand , the result of the research becomes apparent in the judicial need of a verdict upon the dispute provoking between the capital proprietor and the broker , where the laws ruling over the dispute between the capital proprietor and the broker are lacking. The researcher reached the opinion that money of the proprietor , as described fundamentally , is not at hand any more , whether he claims brokerage, loan …etc, unless the apparent facts out power the fundamental description ,where they shall take precedence over it. The claim of the broker, over the proceedings put under his trust worthiness , shall apply, as like his claim of damage , reduction loss ,….etc , unless indications prove otherwise. The researcher recommended to annex the above –mentioned results to the legal materials and to the interpretations of the contract of brokerage form in the Jordanian Islamic bank , either as a body or an interpretation , to facilitate the judges, reference to the Islamic verdicts over this issue , where not included in the laws as stated in the Jordanian Civil law