بيع العينة في الفقه الإسلامي : دراسة فقهية مقارنة

الملخص EN

This Study aims to show the meaning of the Credit Operation) lena Sale { and its types in Four schools) Madhaheb (and the Dhahery School )Mad hab ,(and addresses the judgment on this sale according to the Four schools) Madhaheb (and the Dhahery School) Madhab,(with the evidences of each school, also discussion of these evidences and comparing between them to get to the preponderant view regarding this type of sale.

The importance of this research is to highlight the fundamental differences between the usury-based finance and Islamic finance, at a time where many Islamic banks depend on the derivatives of this type of treatment, such as individual Tawarq ,**an d regular banking Tawarq.

Researcher has divided this study into four sections :Section I: The linguistic meaning of Credit) lena( The second section about defining) lena Sale (by Juristic terminology and its types,third section Juristic views regarding judgment on) lena (with evidences ,Section IV :preference (greater liking,( The researcher's approached in his study the inductive analytical approach, as he scrutinized phrases of scholars) Fuqhaa (of different schools )Madhaheb ,(and then he analyzed,discussed, and checked it ;to get to the preponderant view of the matter.

The researcher has reached a number of findings, including; The most forms and types of lena) to pay a commodity by Nasieah“ delay of payment" then buy it for cash less than the price of Nasieah“ delay of payment (’’are prohibited according to the preponderant view of scholars )Fuqahaa (unlike Shafi'ie and Zahiri schools) Madhaheb ,(and this preponderance is true whether narrations) Hadeaths (which discouraged it were Sahiha) Legally effective (or not ;Because not outlawing it means to be the prohibition of usury) Riba (unreasonable worship ,and it is the view of the Shafi'i.

And that each form the Item returned to its seller ,or to one who sells it by lena) delay (again ,is included in the prohibition, whether named lena )delay (or not, the permissible form is to be the purpose of buying a commodity for trade or use.

And that the most fundamental differences between usury-based finance and Islamic finance are th a t,Islamic finance is based on real economic activity, and the usury-based financing, it is based on the separation of funding for economic activity.