البيع في مرض الموت : دراسة مقارنة بين الفقه الإسلامي و القانون المدني القطري

Abstract EN

The religion of righteousness and the provisions of the Islamic Jurisprudence are interested in ill persons and what is issued by them of behaviors, especially the ill's sale during his death illness.

We finds that most of provisions of death illness are governing in the Islamic Jurisprudence and the Arab enacted legislations have been derived from these provisions including the Qatari Civil Law.

They legislations adopted the impacts of these provisions and left the death illness definition and its conditions to the Islamic Jurisprudence and the reason behind restricting the ill person's behaviors is not due to his capacity, nor his lack, nor a defect in his will, but it is due to the heirs' right in their ill testator's money.

The determinate in the Islamic Jurisprudence is that the heirs' right in their testator's money does not commence from his death date, but it commences from the date of his illness by which he becomes dead.

So It was necessary for me in this research to answer the following questions in detail: - What are the provisions related to sale during the death illness? - What are the conditions that must be provided to apply the status of the death illness? - How is the sale issuance proven in the status of the death illness? - What is the patient's ability to conclude a sale contract if he has death illness? - What are the impacts arising out concluding this contract?.