منهجية تقنين المعاملات المالية المعاصرة : تجربة مجلة الأحكام العدلية و مجل الأحكام الشرعية أنموذجا

Abstract EN

The study provided a scientific methodology for codifying the modern financial transactions.

it benefited from the experience of the journal of fair judgments, as well as the journal of shari'ia judgments in a rooting comparative study.

the study included three chapters : the first chapter defined the study title terms.

the second chapter contained the actual steps for codifications.

the third chapter was entitled the methodology of classifying the legal articles in comparison to the journal of fair judgments and the journal of shari'ia judgments with practical applications of codification.

the most important results of the study were as follows : getting access to scientific methodologies in the most important issues related to the codification of financial transactions, notably : • methodology for the selection of sources and references.

these were divided into types; the fundamental and authentic ones, such as the holy quran and sunnah, including books of jurisprudence, fatwas ( advisory opinions), as well as modern references.

• methodology for the disciplines of considering the contemporary issues till they are codified, such as the issues that are introduced by people, the ones which their judgment is changed, those that have a new name, or the ones which are complicated for more than a decade.

• methodology for the most important pillars and orientations which support the judgment of the contemporary codified issue, such as the unrelying on a particular school, focusing on the purposes of the shari'a and consequences of the issue to be codified, and applying the rule of rooting for the permissible transactions.

• methodology for the formulation of the codified articles through taking care of the verbal and jurisprudence form in order to be accurate, easy, clear and shortened • methodology for the proposed tabulation and numbering the standardization of financial transactions which included five parts of contemporary financial transactions.

the study provided a scientific methodology for codifying the modern financial transactions.

it benefited from the experience of the jounal of fair judgments, as well as the journal of sharia jalgraents in a rooting coqurative study.

the study included three chapters : the first chapter defined the study title tems.

the second chapter contained the actual steps for codifications.

the third chapter was entitled the methodology of clasifying the legal articles in comprisen to the journal of far judgments and the journal of starria judgments with practical applications of codification the meat important revalts of the study were as follows : getting access to scientific methodologies in the most important issues related to the codification of financial inaction, notably • methodology for the selection of sources and references.

these were divided into types the fundamental and authentic ones, such as the holy quran and summah, including books of jurisprudence.

stwas (advisory opinions), as well as modem references.

• methodology for the disciplines of considering the contemporary issues till they are codified, such as the ines that are introduced by people, the ones which their judgment is changed, those that have a new name, or the ones which are complicated for more than a decade.

• methodology for the most important pillers and orientations which support the judgment of the contemporary codified is, such as the utelying on a particular school, focusing on the purposes of the shari's and consequences of the is to be codified, and applying the rule of rooting for the permissible transactions • methodology for the folation of the codified articles through taking care of the verbal and jurisprudence form in order to be accurate, easy, clear and slatened.

• methodology for the proposed tubation and numbering for standardization of financial transactions which included five parts of contemporary financial tractions.