الربح بالضمان و تطبيقاته عند الفقهاء

Abstract EN

A guaranty has varied and different forms as per the type of liability imposed.Such forms are,for instance, guaranty of the ravages,guaranty of ownership or administering it, among others.

This paper tackles the guaranty of ownership which is considered as(an independent)cause of profitable reasons,such has been documented in accredited Prophet’s traditions.

Thereby,jurisprudents,in genera,and the Hanifist, in specific,that profit/ yield is only in terms of money,labor, or guaranty.In this paper I have examined guaranty as an independent reason,in light of conditions and rules as viewed by jurisprudents.

First,I have covered the concept of guaranty,and legitimate conditions pertaining to its being a lawful reason for profit.

Finally,I concluded application manners(forms)so as to validate forms of implementations and functionality to similar to-date counterparts,that may be encompassed under the form and concept of guaranty.

I have also examined texts overlapping in form and shape with guaranty aiming at resolving issues of dispute and differences as seen raised by seemingly contradictory Prophet’s Traditions.

To achieve such an aim,I have implemented the procedural tendency of combining and finding commonality among all texts in accordance with the appropriate approach in dealing with properly legitimate Islamic texts coming down fro Allah or stated by his Messenger Mohamad (peace be upon him).