المضاربة على العروض : دارسة فقهية مقارنة

Abstract EN

Speculation of offerings is a contract between two parties.

The first party finances by non-monetary offerings, such as something measured or weighed، machinery, animals, real estate or anything else.

Whereas the second party offers only his effort and experience in return.

The profit will be a common percentage divided between both parties according to what they have agreed upon.

If the company loses the loss falls upon the first party ; the second party only loses the effort he made.

But if the loss is due to the second party's negligence, he will be responsible for it.

The majority of jurisprudents including the jurisprudents of the four schools made the condition that the capital of a speculation company must be money ; not non-monetary (offerings).

Consequently, more than half of the commercial dealings are deemed illegal as the capital of the speculation company is an offering, not money.

Because of this, thousands of commercial and industrial deals are missed.

Such dealings, which would offer a large number of job opportunities, reduce unemployment, increase the individual income, contribute to the increasing of the national income, and the development of the nation's economy, commerce and industry.

In this research, I explored the jurisprudents' opinions on this issue and compared the evidence each side provided.

the preponderate opinion which I reached was the group who permitted this type of speculation.