التعاقد بنظام اقتسام الوقت (تايم شير-timeshare)‎ : دراسة فقهية مقارنة

Abstract EN

Among the new contracts: the image of the contract with the time-sharing system (time share), or what is called bypassing the time-ownership contract.

The research dealt with this contract, in terms of its definition, origin, nature, advantages and disadvantages, then clarifying the relationship between it and the sale of the benefit, the division of the condition and the lease for a future time, and then the statement of its ruling.

The research ended with a number of results, the most important of which are: It is intended by this contract that a certain company or investor offers a property in tourist areas, whether tourism is recreational or religious, to the public, and wants them to apply to buy a share of that property or its benefit to spend his vacation in that place in exchange for a certain amount he is obligated to pay, and the property owner is obligated Manage and maintain it while enabling them to benefit from it within the specified and agreed upon period in the contract.

The time-sharing system has many characteristics, the most important of which is that it is a netting contract and a binding contract for its two parties after a certain period determined by the laws that regulate it.

modify all or some of them.

And I have shown that this contract is similar to all of it on the one hand and a difference on the other hand.

And just as the legal adaptation of this contract varied, so did its jurisprudential adaptation, as the contract is suspected of many contracts, and all these assumptions and the difference between them and the contract with the time-sharing system, and that most contracts or transactions that were measured are legally permissible and there is no objection to them in Islamic jurisprudence.

And that the contract with the time-sharing system is a contract and cannot be measured against any form of contracts in Islamic jurisprudence, and it has been clarified that it is a contract that does not contain anything forbidden in its conditions or pillars, and hence this contract was permissible according to the jurisprudence rule that says: “The origin is in contracts.

“Permissibility and Soundness” and that it is permissible to create new contracts as long as they do not violate Islamic Shariah.