الدلالات التحوطية لضوابط العقود في المعاملات المالية

الملخص EN

This study aims to describe hedge indications in contractual standards of financial transactions in Islam, where the precision of these standards came into view by steering Shari'a rules to the principle of the freedom of contracting and achieving benefits to all parties.

In fact, consensualism principle played a key role in giving opportunities for deliberation and choosing.

From contracts formulation point of view, the provisions approach was preventing writing contracts in a way that allows "Gharar" to be existing in them.

Shari'a provisions also pushed so that people can have their own in rem rights, and empowered ownership of assets and benefits that are stable and reliable.

In addition, prohibition of all forms of usury had a positive effect on issues of production, investment, savings and distribution.

Besides, the issue of eligibility had a significant role in hedging risks by looking at the possibility of affording and avoiding them.

The consideration of the integrity of the intentions and purposes, and the overall future situation, and closing loopholes, may be standards of measuring the extent to which the purposes of the lawgiver corresponded to those of the assignees.

Taking these topics into account, it has been clear that financial transactions are fulfilling their functions optimally in a way that guarantees their permanence and justice.