حق الانتفاع بين الفقه الإسلامي والقانون الفرنسي وتطبيقاته المعاصرة: دراسة تحليلية /
Beneficial ownership is one of the most important topics in civil and Islamic laws. This is because it is pivotal for many of the economic and financial transactions conducted between people as individuals and institutions. Muslim jurists, whose role in this is like the role of experts in civil law,...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2018
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8942 |
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| Summary: | Beneficial ownership is one of the most important topics in civil and Islamic laws. This is because it is pivotal for many of the economic and financial transactions conducted between people as individuals and institutions. Muslim jurists, whose role in this is like the role of experts in civil law, have attached importance to clarifying the domains and subjects covered by these transactions, by detailing the rules and conditions which regulate them. Similarly, countries by their legislative nature have also taken into account such laws which manage the rules of the beneficial ownership contracts, its conditions and laws of contracting parties. It also includes rules to resolve disputes between contractors on benefits and limitations of utilization. Recognizing the large presence of Islam in French society, the researcher chose to conduct a comparative study between Islamic jurisprudence and French civil law on the subject of usufruct and its related types of transactions present in contemporary French society, including Muslims and non-Muslims. This is done by focusing on the analysis of the usufruct clauses in the amended French Civil Code of 2016, specifically articles from 578 to 640.The researcher adopted a methodology based on analysis and comparison between Islamic jurisprudence and the content of the articles mentioned on the different aspects of beneficial ownership; its types and regulations. The study sought to achieve two objectives. The first objective was to highlight areas of differences and agreements between Islamic jurisprudence and French civil law in the various matters covered by the usufruct. The second objective was to consider resolutions for any differences which may occur between Islamic Jurisprudence and French law. The most important conclusion from this study is that resolutions on many matters which arise in beneficial ownership in French Law have similar resolutions within Islamic Law except in a few cases. These include those matters that lead to interest and usury or those that lead to clear injustice as in the case of guarantees and those matters which contradict explicit Islamic textual evidences as in the case of inheritance. |
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| Physical Description: | [xvii], 159 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 147-157). |