أدوات و طرق حماية الغير (حسن النية)‎ عند تصفية و قسمة موجودات شركة المساهمة

Abstract EN

This research examines the protection of ‘the other’ “who has good intentions” in liquidating the shareholding company and dividing its assets.

It gives a definition of the concepts of this study and identifies ways and tools for protecting the rights of others “good faith” during the liquidation phase of the joint stock company.

It also includes ways of protecting ‘the other’ “who has good intentions” when dividing the assets of this company, in addition to stating Islamic jurisprudence in the protection of ‘the other’ “who has good intentions” in the event of liquidation and division.One of the most important findings was that the rights of ‘the other’ “who has good intentions “were kept under the law in all stages of the company’s existence in general, and in the liquidation stage of the joint stock company as well as the division of its assets in particular.

The study also found out that there are two important tools that can protect the other “who has goodwill” during the company’s liquidation: first, the survival of the moral personality of the company; second, the appointment of a liquidator for the company’s assets.

This Liquidator shall be responsible for the performance of the ) 860- عند تصفية وقسمة موجودات شركة المساهمة ) 832 » حَسَن النِّيَّة « أدوات وطرق حماية الغير 860 يونيو 2020 م مجلة جامعة الشارقة للعلوم الشرعية والدراسات الإسلامية المجلد 17 العدد 1 rights of ‘the other’ “who has good intentions “relating to the Joint Stock Company.

It was also found that the provisions of the law are compatible with the provisions of Islamic law.

As noted in the Islamic jurisprudence books, there is a personality similar to the character of the liquidator in terms of the tasks assigned to it, and the powers granted to it by partners or the guardian is called “Qassim” or “Qassam”.

The study recommended that specialists should pay attention to the development of an integrated study on the protection of the rights of individuals and their contemporary applications in various fields.