أثر اختلاف الفقهاء في مالية المنافع: ضمان المنافع أنموذجا

Abstract EN

The majority of Islamic scholars disagreed with the Hanafi school scholars about the financial value of beneficial services of porperties.

the Hanafi school scholars argued that services aren’t existent possessions, and it is not possible to document a contract over things that are non-existing.

on the other side, the majority of Islamic scholars argued that services are actually the purpose of having a property, and that saying otherwise contraries with the purposes of the Islamic rules, and its reality.

and as a result of this disagreement, many other differences in other fields of Islamic rules appeared.

so this paper came to explain the main problems that resulted of this disagreement and study the opinions of the two sides in a critical view.

as a model for this study, one of the problems that resulted out of this topic was chosen to show the effects of this disagreement, which is the returning of the financial value of the service of a property that was stolen or taken over, which is called (guaranteeing benefits).

the purpose of this paper is to show the origin of this disagreement between the two parties, and trying to find the common opinions between the two parties in this topic.

many methods were used in the research process, such as analyzing, induction and comparing.

one of the conclusions of this paper is that the argument of the Hanafi school scholars in this subject contradicts with the purposes of Islamic law.