عقد الاستثمار (B. O. T)‎ تكييفه القانوني و تطبيقه على المعاملات الاسلامية

Abstract EN

In light of the increasing burdens of the state, and as a result of the liberalization of international trade, which increased its burdens and became unable to finance all infrastructure projects and operate them continuously to provide the services required of them in the most complete manner.

Carry out.

As the essence of the contract is: The private sector - especially foreign ones - establish and operate infrastructure projects and acquire their revenues throughout the contract period, in a manner that allows it to recover its expenditures and obtain the required profits to be subsequently transferred to the state.

We discussed the position of Islamic jurisprudence on the contracts of B.

O.

T as one of the Islamic transactions, as it is a new experience that needs to highlight the problems it faces.

After that, we will discuss the Islamic jurisprudential conditioning of B.

O.

T contracts and will go into the similar types of the family of B.

O.

T contract applied in Islamic transactions.

Accordingly, the study aims to demonstrate the legal adaptation of these contracts.

Adopting the descriptive analytical approach of legislative texts and jurisprudential opinions.

From the results of the study, it appeared that the B.

O.

T contract has a vital role in the reconstruction of endowments and the infrastructure.

If an appropriate investment environment is available, it will have positive returns for the parties, and will be reflected in the various economic and social aspects of society.