الضمان في عقد البيع و أثره في الفقه الإسلامي

Abstract EN

This research sheds light on some forms of security in the sales contract and its impact on Islamic jurisprudence.

Contracts are among the important transactions that people cannot dispense with, especially sales contracts, so no one else has dealt with or deals with them, and this study has dealt with one of the most important obligations that fall on the seller's shoulders, which is the guarantee, and this topic is a jurisprudential basis for many contemporary transactions between People.

My research has talked about highlighting the quality of the guarantee in the sale by explaining some of its jurisprudential forms that have been addressed by the jurists (may God have mercy on them), such as the loss of the whole sale in the hands of the seller (before the arrest), as well as the destruction of the entire sale (after the arrest), and the researcher deduced evidence from sources Glorious Islamic law and approved books of jurisprudence to support and support the objectives of the research.

After researching it, it became clear that the guarantee has three reasons (destruction, contract, and hand), and the rest of the reasons mentioned by the jurists fall under those reasons, and the guarantee is a guarantee of money damaged based on one of the guarantor contracts, and its ruling is what the will of the contracting parties agreed upon in the contract.