أثر الإقالة على العقد بين المتبايعين في الفقه الإسلامي و القانون العراقي

Abstract EN

Praise be to God, Lord of the Worlds, and the end is for the righteous, and there is no aggression except against the wrongdoers, and prayers and peace be upon the most honorable of the worlds, our master and beloved Muhammad, peace and blessings be upon him, and his family, companions, wives and all his offspring.

And after: God Almighty revealed the Noble Qur'an and made it a constitution for humanity to follow.

One of the features of Islamic Sharia is that it meets the needs of all people, and it is valid for every time and place.

Because it comes from the Lord of the universe, who knows what a person needs.

Among the partial legal rulings that the wise Sharia has dealt with and clarified to us in order to preserve people's interests and ward off evils from them: is the topic (The Impact of Dismissal on the Contract between the Obligors in Islamic Jurisprudence and Iraqi Law).

It is the subject of our research and writing, and we found that dismissal has a great impact on people's lives and their daily dealings, as it emulates a lofty Islamic morality in tolerance with others, seeking excuses for them, and relieving their distress, which is what Muslims need today in their dealings, and this is what prompted us and stimulated our enthusiasm In writing, I will summarize the most important findings: 1.

Dismissal is a legally mandated matter; This is because the Prophet, may God bless him and grant him peace, urged it.2.

Rulings for dismissal may be obligatory.

And that is if it was after a hated contract, or a bad sale, and you may be delegated to it: if one of the contracting parties regrets and the sale is valid.3.

The pillars of dismissal are: offer and acceptance, and its words are in the word “dismissal” or what indicates it, and there is a difference in the word “fasth you”, and it is correct with abuse.4.

There are conditions for dismissal, including: the consent of the contracting parties, the union of the council, and that the thing sold must be present at the time of dismissal.5.

The scholars differed as to the nature of dismissal: some of them considered it annulled, and some said: a sale.6.

The dismissal of the agent is permissible in places and conditions, and the dismissal of the dismissal is permissible without peace according to some jurists.7.

The provisions of the Iraqi civil law regarding dismissal agree with the teachings of Islamic Sharia, and most agree with the opinion of Imam Abu Hanifa, may God Almighty have mercy on him.

This and whatever success was from God Almighty, and we ask God Almighty to make it purely for His sake.

God bless our Prophet Muhammad and his family and him.