مخالفات المالكية لأبي حنيفة رحمهم الله في كتاب الإشراف للقاضي عبد الوهاب 422 ه : نماذج من بيع السلم

Abstract EN

Praise be to God, the truth of his praise, and prayers and peace be upon the one who has no prophet after him, and upon his family and companions.

Then: Salam is one of the sales that God Almighty has made lawful to facilitate people, and the jurists defined it (1) with different definitions and convergent meanings.

As for the legality of selling Salam: From the Book, the Prophetic Sunnah, and the consensus: 1.

As for the book, it is the Almighty's saying: (Allah has permitted selling and forbidden usury) (2) It came in olute terms and includes all types of sales, and as for the Sunnah: on the authority of Ibn Abbas () he says: “The Prophet (ﷺ) came to Medina while they were offering dates for two and three years, and he said: “Whoever advances, let him advance in a known measure and a known weight to A known date (3).

As for the consensus: the jurists of the nation are unanimously agreed on the permissibility of peace, and the permissibility came by means of permission and necessity (4).2.

The Salam contract has the same pillars as in the case of sales contracts, consisting of a formula, two contracting parties, and a shop, and because of the importance of Salam sale in people's lives, I wanted to write in this research and under the supervision of A.

Dr.

Youssef Hassan Hamad on the (violations of the Malikis by Abu Hanifa in the supervision book of Judge Abdul Wahhab (422 AH) Issues of Salam Sale as a Model) (5), we discussed in it three issues of Salam sales, explaining the liberation of the subject of dispute.

In the matter and we concluded by saying the most correct as we see.