تصاد العقود عند المالكية و أثره في عقود التمويل : الاجارة المنتهية بالتمليك نمودجا

Abstract EN

The paper deals with contract contradiction in the maliki doctrine and its effects on the financing contracts.

when two contracts are inconsistent and contradictory in nature and run counter to tenets and teachings.

they cannot gathered according to the maliki doctrine.

Its origin is sale and credit.

and is one of the fundamental principal if financial transaction.

it is a true considerable and reliable restraint.

Some scholars generalized this restrictions to include any two contradictory contrcts.

thus many contracts fell under this restriction when the contradiction is ent or not total.

Thorough study shows that restraint is true regarding the principal but the teaching and the rules should be deeply scrutinized when a case is examined.

Therefore.

what is forbidden is to join between two contracts subject to different decisions that result in contradictory duties and effects and when two contracts intervening the same situation and the same time