ظاهرية العقود عند الشافعية و أثرها في المعاملات المالية المعاصرة : التورق المصرفي إنموذجا

الملخص EN

This study addresses one part of sub subject in apparent shafeism this part is a study for the appearance of contracts in shafei school in particular and the affect it has on contemporary financial transaction by taking a sample from the popular transactions in the doctrine , examine it and conclude some formulas of contemporary investment the research will be through inductive method and applied analysis the study includes that the shafei scholars have specified rules and fixed principles in dealing with texts which they stick to when possible .

One of the principles in shafei doctrine is that the effects resulting from contracts depends if what the apparent texts reflects without trying to search for intentions , effects and descriptions or even the intentions of the contractors , the rule is for the indications of the words and in plain language and what is commonly known.

If the words or the sentences doesn't include anything forbidden , the contract is deemed props regardless if it's pretense.