دراسة صور التوثيق من كتاب جواهر العقود في بابي الإقرار و البيوع مقارنا بالنظام السعودي

Abstract EN

The aim of this research is to define the following points: A brief introduction of Imam Shams Al-Din Al-Minhaji Al-Assiouti; definition of the book Jewels of contracts; the motives that led to the writing of the book; the approach that the author followed in his book; definition of documentation and its most important provisions; definition of acknowledgment, its legality, issuers and types; and the rule in documenting acknowledgment.

The research also addressed some forms of attestation of acknowledgment mentioned by Al-Minhaji in his book, studying the issues contained, and then comparing them with images of documenting acknowledgment in the Saudi system.

The research also tackled definition of sales, its legality, its pillars and conditions, the rule in documenting sales, and the benefits related.

The researcher displayed a number of forms of sales that Al-Minhaji mentioned in his book and studied the issues contained therein, and compared them with pictures of documenting sales in the Saudi system.

The results of the research revealed that it is legislated to acknowledge the rights and principle in the light of the Holy Quran, Sunnah, consensus and analogy.

The acknowledgment is a multiplicity of bodies, each according to his case, and the issuance of the acknowledgment by these bodies does not mean that it is always considered Sharia, but for each case a detail is given to the jurists.

The acknowledgment should be stamped with the approval of the person who is admitted or arrested - if he attended the approval board - and if he did not attend the approval board, there is no need to ratify it.