الاعتياض عن الحقوق المجردة : دراسة تحليلية مقارنة في الفقه الإسلامي و القانون المدني العراقي

Abstract EN

Replacement is a process of exchange, in which each of the two exchanges gives in exchange for what the other party takes.

And the replacement of financial rights is through sale, rent and omission (assignment).

The essence of these rights is jurisdiction, that is, it is a privilege that is restricted to its owner and not others.

The rights that have become to them in the contemporary custom of significant material benefit, and the custom has been replaced by them, are considered funds, and it is not permissible to violate them.

The rights that we mentioned in the topic of the research are presented, for example; Because they vary with time and place, rights may appear in the near future that were not known now.

In order for it to be permissible for financial rights, the following conditions must be met: * That the rights deprived of the rights of jurisdiction, and not a form of public permissibility.

* That the rights are exchangeable.

* That rights be fixed immediately.

* That the rights are money in which the commercial custom conducts the course of money.

* That the rights are inherently fixed for the owner, and were not proven to pay the damage only.

* That the rights are transferable from one person to another.

* That the rights are described, and do not require ambiguity or ignorance.

* That the rights are private rights, not from the rights of God (Glory be to Him).

* That the compensation for rights is legitimate, so that the replacement thereof does not result in falling into legal prohibitions such as usury and the like.

If the rights in the about the king or have begun to pay for the damage may not be Ea'tiad reported, as a right of pre-emption, though rights alone in the shop, which concerned or was proved, on the face of the land and the link shall be fixed to its owner authenticity may Ea'tiad them as a right-free (instead of Alsergvlah).