الضوابط الفقهية و القانونية لتطبيقات القواعد الفقهية على المعاملات المالية المعاصرة : دراسة مقارنة وفق أحكام في قانون المعاملات المدنية السوداني لسنة 1984م

Abstract EN

One of the most up-to-date issues in this era is the financial aspects, given the expansion of trade, construction, banks and e.t.c.

The importance of research and the value of the subject stems from the interest in jurisprudential rules and their impact as jurisprudence of the Maliki jurisprudence in the door of financial transactions.

The aim of the research is to: Identify the rules of jurisprudence ,identify of the jurisprudential rule and its impact, in addition to knowledge of the Maliki jurisprudence and jurisprudence.

, As well as the identification of the jurisprudential and legal determinants of the jurisprudential rules and their contemporary applications.

The researcher seeks to follow the descriptive descriptive method.

The nature of this research is to be used for the analytical approach in which financial judgments are known.

The study reached the following results: The judge's research in the jurisprudence and principles department also gives the judge broad authority in assessing and fitting in the matters and sections presented to him and under any rule or jurisprudential principle that fall into these sections.

Efficiency in the application of current transactions on the rules of jurisprudence according to the needs of the times, as reported by the judicial judgments, that the difference of time and place and conditions requires consideration of reality and interest in it and this requires the ability to weight and bias so as not to miss the changing interests and customs Which is no doubt absorbed by the purposes of the law and its rules, and may be guided by some of the views of jurisprudence because of the differences mentioned, that the diligent in the doctrine of the sheikhs who are the owners of the weight does not have to take the words of the Imam at all but to consider the evidence, and the weight of what is likely to guide him, We have followed what they expected and adopted it as if they had sinned in their lives as achieved legislative ...

He says: Otherwise, it is now necessary to follow what they agreed to swing.

The researcher recommended the following: Not to adhere to a particular doctrine of the doctrines of jurisprudence or vice versa, With the reality of the country and its interests .

Thus, taking into account the reality and interest in it and this requires the ability to weight and bias so as not to miss the changing interests and norms developed no doubt absorbed by the purposes of the Sharia and its rules, and may be guided by some jurisprudential views because of the differences referred to