أثر تحرير الإجماع في تحديد محل النزاع في باب المعاملات المالية : "النهي عن بيعتين في بيعة و منه البيع بالتقسيط المعاصر" نموذجا

Abstract EN

It is said that Islamic jurisprudence is the basic science dealing with Islamic Theology.

The jurisprudence of transaction is the quarter of this science.

In fact, jurisprudence means to master the issues of this field with its different branches and foundations.

Among these foundations we may mention inference for the most important transaction issues.

One of the inference kinds, the unanimity inference.

This is a very crucial task for students studying jurisprudence; firstly to verify the existence of such inference knowing that some of them are cases of stabling for the existence of differences between them , and secondly to verify the unanimity conveyed in the same issue and how to deal with its different aspects, if existed, but gathered with the same origin.

For that, we focused on the method of theorization of the most important fundamentalist consensus research.

The practical sidet of the research is to fulfill the unanimity conveyed in one of the aspects of banning a two kind of sale in one sale in the chapter of financial transaction.

Also, to identify to what extent it may be considered as a proof of whether installment sale is forbidden or not.

The results obtained showed that the field of theorization concerning the consensus guide is wider than the practical in the jurisprudence matters.

It is not always right that what it is true theoretically is true practically.

Taking this fact in account, the student of jurisprudence and its foundations should take his time to scrutinize the consensus issues, especially, in what does concern the field of transactions.

Therefore, the non-acceptance of all the matters dealing with the consensus is, in any way, kind of depreciation for the reasons mentioned.

Finally, the consensus inference in the prohibition of two sales in one sale to forbid the current installment is not totally right.