اليع المقترن بالشرط عند الفقهاء في ضوء نص رواية المسالة الخلافية بين أبي حنيفة و ابن أبي ليلى و ابن شبرمة : دراسة فقهية مقارنة

Abstract EN

Search the scholars of Islam in the issue of contracts and conditions, and checked the aspects, the capital of the utmost importance, being one of the pillars that focused on human life economically, socially and politically, and rarely being held without condition, to the importance placed with the conditions associated with the contracts are based on the interests of the subjects controls, and secure the well-being and differed in assets control conditions with contracts in opposite directions direction is characterized by hardening and narrowing They virtual who believe that the origin of the terms with decades of prevention, prohibition, but reportedly Shara Bjoazha did not prove that a contract is not a requirement but is classed Shara, and the latest trend is characterized by flexibility and expansion they majority of scholars who believe that the origin of the terms with decades permissibility and health, but reportedly Shara prevent and banned, and the back of this difference mainly to the different scholars in the faces of the combination of evidence, which could expose the jurist more than guide the same question, tries to reconcile them or remove the conflict in some way , while exhibits Fakih another face is the face taken by first-Faqih, would receive because of that difference when devising governance.