عند المقاولة و إجراؤه بطريقة المناقصة في الفقه الإسلامي

الملخص EN

This research aims to clarify that contracting is an obligation between two parties, in which one party commits himself to construct or perform a work for the other party in return of a fee.

According to that contracting is voluntary, with no specific form and it’s obliging for both parties and is described to be a “in-return-of” contract.

As for tailoring the contract, if it’s a work-for contract, where the worker pays nothing for the materials of work, it’s called “hiring”, and if it’s mixed containing effort and materials equally, then it’s called “work and materials”.

The core of the contract: it varies according to the arrangement between the two parties.

Sometimes it would be the “benefit”, other times it would be the deliverable, where the benefit follows the deliverable.

Definition of the Bid: It has been defined in the administrative law as, a basic method of providing materials, performing services and work, whenever the estimated value of the procurement exceeds 3000 SYP.

The contract is considered to be closed either by “excusing” the contractor, completion of the work, death of the contractor, emergency or force majeure.