مبدأ حسن النية في المعاملات : دراسة مقارنة

Abstract EN

The principle of good intention is one of the important principles on which actions are based in Islamic and positive jurisprudence, and the principle of good intention is one of the ethical principles whose consideration depends on the value aspect in the life of each contracting party and the morality law transfers it to the rank of commitment, The rank of the legal obligation that has consequences for its parties.

The principle of good intention has a distinct character in Islamic law over other laws.

In spite of the fact that Islamic jurisprudence does not use this term, the content of good intention and its role in transactions in Islamic law is more profound and broad in scope than legal systems.

Where the goal of dealing in Islamic law is not limited to achieving the private interests of the parties only, but also aims to achieve public legitimate interests within a comprehensive framework that forbids harm and damage, and there is no doubt that this is one of the highest degrees of goodwill towards others.