فلسفة الحنفية في التوسع في مبدأ العذر الطارئ

Abstract EN

The theory of excuse in the Hanafi jurisprudence is all the money that can be met with the contract only damage to the contractor himself or his money or if the contract is required when the excuse is achieved for the excuse of the excuse of the damage that did not oblige the contract was the annulment in fact avoidance of the obligation of damage contract if the inability of the contractor to proceed In his obligation not to bear excessive damage is not worth the contract so the denial of the denial when the excuses excuse the departure from the logic of reason and Sharia in view of the tasks of the actions, so the consideration of the fate of the circumstance or excuse is the emergency is a defect in the status of necessity immediately on the contract of Ijara and prove the right to annul the victim The jurisprudence of the imams of the faqih if there is a way to pay harm Where this theory can be applied and applied in Islamic banks through time period contracts.