هبة الثواب و المنافع في الفقه المالكي : مفهومها و ضوابطها

الملخص EN

This research reveals two terms related to the chapter of the gift in the Maliki jurisprudence, namely: transacting in the exchange of gifts and the gift of utilities.

It attempts to reveal their truth, meaning and the reason why the Maliki school is characterized as the lonely single school that declared the admissibility of these two transactions.

It mobilizes a number of legal faculties which can be considered as dictating tools to provide these two important subjects with legal values.

The study concludes that the evidences show that consideration of custom and the work of the people of the Madinah had had an apparent role in validating and enacting such transactions.