الإشهاد على البيع عند العلامة محمد أمين الشنقيطي في تفسيره أضواء البيان : دراسة فقهية

Abstract EN

The issue of the presence of witnesses when conducting the sale is an important issue in order to establish the rights of all parties involved in the sale, and to adjust contracts between people.

That is why Islam has tended to control all types of financial transactions accurately.

The study aimed to highlight the personality of Imam Al-Shanqeeti - may God have mercy on him - and his scientific books, and to know the rules for the presence of witnesses when selling.

The study also aimed to clarify the disagreement of scholars on this issue, and to show the most correct opinion on it.

The study followed the inductive descriptive approach.

This study reached several conclusions, including that the issue of the presence of witnesses in the sale process is one of the (alfaqih) Islamic jurisprudence issues over which the dispute continued for a long time, and that Imam Al-Shanqeeti (may God have mercy on him) has a great ability to recommend the opinion of one of the Islamic sects.

The disagreement of scholars on this issue shows the extent of their interest in sober scientific research and investigation.

It appeared that the rule of the presence of witnesses in the sale process is an optional work, (which means that it is not mandatory and not obligatory.) The study recommends continuing to research such issues of Islamic jurisprudence because of the technical development when conducting financial transactions in our current era, as well as the rooting of these issues and linking them to the current life.