قاعدة (العبرة في العقود للمقاصد و المعاني)‎ و تطبيقاتها في البنوك الإسلامية

Abstract EN

This study examined the rule in contracts' lesson for purposes and meanings, rather than words and structures, by combining the differentiation of this great rule included in all contracts.

It has also applied it to the most important tributaries of the contemporary Islamic economy, Islamic banks.

The rule has examined four topics that focused on its meaning, words.

In addition to the opinions of jurists in its authenticity, and evidence and discussion of the rule and weighting as it favors the researcher as a consideration.

Moreover, and its authentic and contemporary applications.

The research concluded with a statement of its most prominent results, such as the error of many contemporaries, with what they attribute to the Shafi’ is that they consider the word rather than the meaning.

The right thing is that they do not give the word or intent to be considered, but rather the lesson to them of the strength of the evidence.

One of the conditions for the application of the rule is that the word or verb is possible for more than one meaning, and the presence of a significant context the meaning is its progress on the building, and that the intention does not violate a legal text or destination.

The applications of this rule in Islamic banks are numerous, as the doctrinal adjustment is what resolves the dispute in the rule of developments by exploring the depths of transactions without being naive, ignorant and ignorant.

This research was distinguished by collecting the differentiation of this great rule that enters in all contracts and deeds, in addition to the inference of the rule with new evidence and directions, innovative approaches and solutions in the application of some Islamic banking transactions, especially the expected profit and check endorsement…