نظرات في عقد الهبة من خلال الفقه المالكي و القانون الوضعي

الملخص EN

The research dealt with the subject of donation as part of the contracts of donations, which is one of the most important topics organized by Islamic jurisprudence with precise rules.

The jurisprudence works and their approved explanations have been created and the various books of antiquity have been searched and scrutinized.

In this presentation, we limited the study of the gift of the Maliki jurisprudence and the positive Moroccan law because it is considered a reason to gain full ownership and it differs from other types of donations such as imprisonment, nakedness and enjoyment as reasons to gain benefit only.