تحرير الاختلاف الفقهي و القانوني في مشروعية تداول السند : دراسة مقارنة

الملخص EN

The study includes four researches : the preface that handled the research introduction, the problem of the research, reason for selecting this theme, the significance of the research, the methodology and plan of the research.

The first section includes the concept of the bond in the Arabic language, in addition to its concept in the law and legitimacy terms.

This part of the research shows the difference in bond content between the law scholars and Sharia scholars, and the resulted legal and jurisprudential provisions.

The second section explained the difference between the legal controls and the terms of legitimacy that rule the virtue currency and its variant results related to the currency legitimacy; as the legal legitimacy differs from the jurisprudential legitimacy by the Muslim scholars.

They think that the interest transactions are not permissible in Islam, but the scholars of law have no interest in the legitimate side and they focus on the more benefits of the bonds.

The third section addressed the provision of bond sale from the legal and legitimate point of view.

The scholars of law see that the bond sale is openly permissible as the parties of the contract agreed, but scholars of Islam showed provisions that must be followed when selling a credit bond.

It isn't permissible to overcome as the credit is basically legislated to fulfill the interest of the debtor and not the interest of the creditor.

Finally, the conclusion of the research and extracts, recommendations, resources, and references lists