rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: قاعدة التبعية وأثرها في الاغتفار في المعاملات المالية المعاصرة
    sub title: دراسة تأصيلية مقاصدية
  title info:
    title: Qa'idat al-tab'iyah wa-athariha fi al-ightifar fi al-mu'amalat al-maliyah al-mu'asarah
    sub title: dirasah ta'sililiyah maqasidiyah
  name:
    name part: سعيد، مراد جبار
    role:
      role term: creator
  name:
    name part: Saeed, Murad Jabbar
    role:
      role term: author
  name:
    name part: International Islamic University Malaysia
    name part: Department of Fiqh and Usul al-Fiqh
  genre: Theses, IIUM local
  origin info:
    place:
      place term: my
    place:
      place term: Kuala Lumpur
    publisher: Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia
    date issued: 2015
  language:
    language term: ara
  physical description:
    extent: [xvii], 501 leaves : illustrations ; 30 cm.
  abstract: This study deals with the rule of auxiliarity and its impact on forgiveness in contemporary financial transactions: A theoretical Maqasid-based study.The study indicates the importance of this legal maxim, distinguishing between what is included in the contract of sale by way of dependency and what is not included, the effects and injunctions that are a consequence of that and the prohibited elements that can be tolerated in its auxiliaries. This is all for the sake of realizing the objectives of contracts between contracting parties, especially the objective of financial security. The research introduces the Shari'ah parameters for tolerating riba and gharar based on the consideration that dependency is a major characteristic of this legal maxim and has a direct effect in tolerating gharar and riba in the auxiliaries of financial contracts, whereby if gharar and riba affected the essence of the contract, it will affect it and render it voidable. Whereas, if gharar and riba affected the auxiliaries of the contract only, they would be tolerated by applying the objectives of preventing hardship and bringing facility. The researcher used the inductive methodology by examining and surveying the available juristic texts. Moreover, the analytical methodology was also used in order to come up with contemporary applications related to the issues of maintenance of the contract and the sale of shares of shareholding companies. The research finds that gharar, which is present in the contract of maintenance is tolerated based on the maxim of dependency. This is because maintenance could be either an auxiliary that is part of the sale contract based on an undertaking given by the seller in the contract itself without being stipulated by the purchaser or stipulated by the purchaser, which would make it an auxiliary of the subject matter based on the implication of the contract. However, if the contract of maintenance were to be independent from the subject matter itself, then the…
  note: إعداد، مراد جبار سعيد
  note: Abstracts in English and Arabic.
  note: "رسالة مقدمة لنيل درجة الدكتوراه في الفقه وأصول الفقه."--On title page.
  note: Thesis (Ph.D.)--International Islamic University Malaysia, 2015.
  note: Includes bibliographical references (leaves 451-495).
  subject:
    geographic code: a-my---
  identifier: http://studentrepo.iium.edu.my/handle/123456789/9090
  record info:
    record content source: IIUM
    record creation date: 150818
    language of cataloging:
      language term: eng