القول الفصل في حكم بيع الوفا: دراسة فقهية مقارنة في الفقه الإسلامي والقانون المدني الأفغاني

Abstract EN

Contract of trustworthiness (Bay' al-Wafa') in jurisprudence of Islamic schools is a difficult and controversial transaction due to numerous reasons.

this controversy comes from the number of opinions which is expressed in this regard, the diversity of names which is called and way of thinking in this field.

the Islamic scholars have talked about this contract or similar transactions throughout history of Islamic jurisprudence.

these scholars could be categorized in two general groups.

the scholars who considered contract of trustworthiness as a lawful contract and scholars those who say that it is an unlawful contract.

all those who believe in legitimacy of this sale, and those who say that it is a false sale that is forbidden, and those who say that it is usury, and those who say that it is fraud against usury, have their reasons.

it seems that those who believe in legitimacy of this transaction say that it is a mortgage and perform these principles and use acceptance of permissible to escape from usury.

this research aims to come with the conclusion on the issue, which comes through a comprehensive study of the doctrines of the jurists, was not mentioned by any of the jurists, either in the old or new.

as for this research, it extrapolates all the sayings, discusses those sayings, and expresses the most correct opinion on it with mention of evidence and the opinion of the civil law and the journal of justice rulings on this topic.