الضوابط الشرعية للتخارج في الأوعية الاستثمارية

Abstract EN

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This research study focuses on a new problematic issue in contemporary financial transactions, which has been a subject of jurisprudential studies.

Due to its importance in the economic field, Shari'a regulations are set for takharuj (relinquishing a share of inheritance) in investment vessels, in which the concepts of the investment vessels and takharuj have been examined, along with the regulations of takharuj in case the assets be in cash.

In such case, immediate exchange is necessary, and it should be condition-free.

Other regulations are discussed in case the assets be debts.

The opinions of the jurists and their supporting evidence, about selling the debt at an immediate price to the debtor and to the non-debtor, are reviewed.

The study also covers regulations of takharuj in case the assets be real property or utilities, including takharuj while distribution takes place without entailing or inflicting harm, and takharuj taking place according to the good faith rule, and with disclosure of the assets and benefits related to inheritance through competent authorities.

Then, the study addresses takharuj in case the assets are mixed, including the issue of 'mudd of Pressed Dates, 'the principle of abundance and dominance (judging according to the rule of abundance or prevalence), and the issue of dependency and the principle of original (intent; what matters is purpose).