تعارض الأدلة النقلية في عقد البيع مع الشرط و أثره في اختلاف الفقهاء

الملخص EN

Praise be to Allah, the Lord of the Worlds, and prayers and peace be upon our master Muhammad and on his family and companions.

The contract of sale is one of the most important financial contracts, as it is said, "the father of all contracts." Therefore, I chose to study the conflict of transport evidence (not Koranic) in this contract and its impact on the difference of jurists.

As I have seen from studies related to the same subject, I did not find this research singled out an independent in-depth detailed study, collect and show evidence opposed to transport sales contract with the condition, and the side of the conflict and its impact on the jurisprudence of our scholars have mercy on them.

This study is an integrated one that the reader does not find in a particular book.

Rather, it is found in many jurisprudential books.

The researcher has found contradictory transport evidence in the sales contract with the condition among the other researches.

He showed its impact on the difference of jurists and put it to be benefit from either in terms of treatment or in terms of sources, or both.

In this study, the researcher followed the methods of scientific research in the writing of jurisprudential research, the method of induction of the analytical, and the analytical method of deductive.

The study contained an introduction that included the importance of research, the reason for its selection, and previous studies and scientific methodology followed.

It also includes an introductory research that includes defining the conflicting transport evidence in the sale and the condition, the jurisprudential difference resulting from the conflict between the transport evidence in the sale clause and the condition, the methods of paying the discrepancy between the transport evidence, and a conclusion that ensures the most important results, which the researcher reached.