Jurnal 1 MA sudah translate

The Faithful heresies in Islamic Jurisprudence and Iraqi Civil
Law - a Comparative Study

It is a matter of law and Iraqi civil law
Comparative study
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7٨ ‫ﻥ‬0!‫ﺱ‬1٧‫ ﻉ‬8‫ﺱ‬
Dr. Rashid Ali Zebari

Directorate of Education of the
Governorate of Dohuk/ Preparatory Aradi
Lannat
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Introduction
Praise be to the Lord, and peace be upon him,
the prophet of the world, and to his family of the
righteous.
The sale of the contract of fulfillment from one of
the financial transactions, which is different in its legal
and legal judgment, where it is a special type of contract
under which the buyer undertakes to return the sale to
the seller, when the buyer returns the price within this
period agreed upon by the sellers, and the reason for
the difference of his judgment is due to two things: the
first relates to the interest and the urgent need for this
treatment in meeting the needs of the taxpayers, and
the second is due to the strength of the evidence of
prevention and its confirmation in the Islamic doctrines.
This sale did not exist in this sense in the first
Sadr of Islam, and yet. In order to get people to know
this type of sale.
On the one hand, another sale would be subject
to a potentially foreclosure, but a real pledge, since the
condition is that the buyer to return the sale, if paid after
a while, and on the other hand, the valid contract with
the invalid clause would be suspect, as long as the
contract is avoided when the seller uses its right to
recover.
Thus the dispute among the jurists of the Islamic
schools varied until they went to various sects, where
there were multiple opinions in the same doctrine, in the
Hanafi doctrine alone there were multiple opinions,
each opinion has its own point of view.
It is therefore clear to me that the sale of loyalty
treatment is worth research and study, because of its
practical importance, because it represents a
successful and effective way to stimulate trade and
develop the economy, because it is an alternative to
riba loans.
This research will be a comparative research in
Islamic jurisprudence as well as Iraqi civil law, all of
which has invited me to delve into it and explain what is
meant.
The study of this topic will be on three topics: The
first topic is the concept of the sale of loyalty, and the
second topic: The sale of the pledge of possession in
Islamic jurisprudence 235 The third magazine (.)
Law - a Comparative Study and Iraqi Civil Law, and in
the Third Theme: Views of Islamic doctrines and Iraqi
Civil Law in the Sale of Wefaa and the opinion that is
most likely.
The first source
The concept of sales fulfillment, and it is a
matter of fact
The first is selling a language and a term.
It is said: "In the words of the Lord, and in the
words of the Lord (1)."
(2) he is the one who is the most High, the most High, the most High, the most High,
the most High, the most High.
The seller says to the buyer I sold this eye with a
debt to you Ali, but when you paid the debt it is mine, or
the seller says that when I paid you the price we pay the
eye to me, but it is called) the sale of the loyalty (,
because the buyer is obliged to fulfill condition (3) or if one
person sells another property for a certain amount,
provided that the sale returns it when it comes at the
agreed price, and is named by that name because it has
a commitment of fulfillment from the buyer, that the sale
will return to the seller when the price is returned. the
Hanbalah, his Highness, the permissible sale, may be
stated as a valid sale of the need to get rid of riba in
order to justify the buyer to eat his rent, and some Hanafi
calls it the sale of the transaction, and his face that the
transaction earned the debt, and this is twisted by the
creditor to benefit from it by meeting his debt.(4)
What seems to me: Is a sales contract in which
the seller reserves the right to recover the sale within a
certain period, in return for the return of the original
price, the expenses that resulted from the sale and the
expenses of necessary repairs or that increased the
value of the sale by the amount mentioned increase
without the luxury expenses (5) and this sale has changed
The third magazine (.) 236
its name with the jurists. sale of Thinah (C) and Shafei)
Sale of the custody (7) (and Hanbalah) Sale of the
permissible (and also) Sale of the trust) (Sale of
obedience ((8) and in Tartakhaniyah called it) Sale of the
transaction (9)
The sale of fulfillment is another type is the sale of
exploitation, as stipulated in the Code of Justice in
Article (119) that): Sale of fulfillment to be rented by the
seller (i.e., the sale of exploitation is the sale of
fulfillment, which requires the lease of the seller sold
from the buyer, so it is a composite of the sale of
fulfillment and sale of lease (1)
In the contemporary books: In a resolution of the
Islamic Fiqh Academy held in the session of its seventh
conference in Jeddah in the Kingdom of Saudi Arabia
from 12-7 Dhu'l-Qada 1412H corresponding to 14 - 9
May) May 1992 (after reviewing the Bahus received by
the Council on the subject) selling the Wafa (and after
listening to the discussions

Which revolved around the sale of the fulfillment and its
truth): Selling the money provided that the seller, once
the price is returned, the buyer returns the sold (we
decide:
First: The fact of this sale) is a loan for profit (it is
a fraud against usury, and its uncorrectness said the
public of scholars. (11)
Second: The Council considers that this contract
is not permissible.
Title: The Civil Code of the Civil Code
In the terminology of the jurists of the law: The
sale of fulfillment is the sale by which the seller saves
the proceeds of sale with the right to recover the sale if
he shows his will to do so within a certain period in
exchange for payment of a certain amount equal to or
different from the price he received (12)
That's a bad source
The sale of Al-Wafa is a Habazi pledge in Islamic
jurisprudence and the Civil Law of Al-Awad, and
they demand the first request: Selling the pledge
contract in the jurisprudence of Assadi.
It is known in Islamic jurisprudence that contracts
are valid reasons (13), as the contract is valid once the
offer and acceptance are identical between the
contractors, but its effects are the work of the wise street
(14). while some contracts need to be arrested as a corner
such as gift and mortgage bias, and the effects of the

contract may be according to the need of contractors
and may not be, so we find that contractors modify these
effects by increasing or decreasing through the
conditions that conform to the basic purpose of them (15)
the book and the six multiple texts confirm the previous
principle, and the contracts have effects, including what
is general and what was private, and these texts in their
entirety refer to the rights of the contractors to modify
the effects of the contracts by increasing or decreasing
through the terms associated with the contract (16), (O you
who have lost). (17) and he said, "O you who believe, we
eat Amos." (18). (19)): Muslims are on their terms, and peace is permissible among Muslims except
as a condition that is forbidden or forbidden by Halala.
The opinions of the jurists on the question of

conditions varied, and the reason for their differences is
due to the existence of the condition of recovery in it and
the following statement of the position of the Islamic
schools and the Iraqi civil law:

Selling Wafa in Islamic Jurisprudence and Iraqi Civil Law - a
Comparative Study
The opinions of the Hanafi jurists on the sale of
the fulfillment varied until some authors reached nine
opinions (20), and these opinions can be limited to the
three main opinions of those who said the sale.
‫ )ﺃﻧﻪ ﻋﻘﺪ ﺭﻫﻦ ﺿﺎﻣﻦ‬21 (: ‫ﺍﻟﺮﺃﻱ ﺍﻷﻭﻝ‬-:
The proponents of this view went on to
characterize the sale of the fulfillment as a contract of
mortgage, and therefore the buyer does not have the
right to sell, and he does not have the right to benefit
from it, and anything that he ate from the sale increases
or benefits guarantees it, and he recovers it when the
debt is paid, and if the seller leases the sale from the
buyer, he does not have to pay. if he is the owner of the
property, then he will be able to pay all the fees. (22)
In the book of the two chapters): The sale that

the people of our time know about the fraud of riba and
called him the sale of the fulfillment is a pledge in fact,
he does not own and benefit from it except with the
permission of his owner, and he is a guarantor of what
he ate of his fruit and damage from his tree, and the debt
is dropped by his death if he remained. there is no
difference between him and his judgment.(23)
This is the worst thing I have to
do:
First: If the seller requires the buyer to return the
sale to him the guarantee and the expenses of the
contract, it is in the sense of foreclosure, because it is
he who is taken only when the debt is paid 24).
Second: Rule) the lesson in contracts for
purposes and meanings, not for words and buildings (25),
until the guarantee on condition of innocence of the
originator was a transfer, and the transfer provided that
the assignor is not acquitted a guarantee, and the
contract of Istisna when the term is struck as a ladder,
and the gift of freedom itself in the presence of

Comparative Study
witnesses with the non-receipt of the dowry as a nakah
(26), therefore, the sale on condition of a refund is
subject.
The second opinion : (22) the proponents of this
view believe that the sale of the fulfillment is a new
complex contract of two types of contracts, namely the
mortgage contract and the valid sale contract, where the
mortgage contract is considered for the seller until the
sale is recovered upon the refund of the price, in the
sense of the debt relief as a pledge, the buyer
guarantees it with loss or diminution of the mortgage
security, and therefore the buyer cannot dispose of the
sale, and is prepared. A valid sales contract for the
buyer, so that he can sell for the duration of the refund
period (28)
And I found it difficult to do this.
First: He gave the sale of the fulfillment the rule of
two contracts, because many contracts take this Kiev,
as for the gift under the condition of compensation, and
the gift in case of illness (29) that is, he gave the gift in the
first case the rule of the sale contract, in order to comply
with all its provisions, and gave the gift in the second
case the judgment of the will so that it does not exceed
the hill.
(30) the people of Balkh are accustomed to religion and rent together, and the people of Buhari are
accustomed to the long rent, which is not possible in the trees, so they were forced to sell it for good, and the
people of Balkh used to religion and rent together, and the people of Bukhari used to the long rent, and it is not
possible in the trees.
Third opinion: (31): While the proponents of this

view went on to say that it is a customs contract
represented by three contracts, namely, a mortgage
contract, a corrupt slave contract, and a valid bond
contract) (32, it is a mortgage contract; Because the
buyer does not have the power to sell it to others, and
he cannot mortgage it, and the debt is forfeited by its
destruction, which is a corrupt contract; Because each
party to the contract has the right to avoid it, it is
Comparative Study
unnecessary and is in the right judgment of the contract;
Because it allows the buyer to benefit from the sale
during the period of recovery (33) and the owners of this
opinion are inferred by the evidence of the owners of the
second opinion.
There are some aspects of the agreement
between the sale of the pledge and the pledge, which is
caused by the pledge contract; Because the buyer does
not have the right to consume the sale, cannot transfer
its ownership to third parties, and cannot give it original
or subsidiary rights in kind.(34) the buyer may not benefit
from the sale without the seller's permission, and is thus
consistent with the mortgage.
The expenses for the reconstruction of the sale
are on the seller, as is the mortgage, where the
expenses for the reconstruction of the mortgage are on
the present, and the buyer after the death of the seller is
entitled to the sale than the other parties, and upon the
death of either party to the contract the heirs take their place. (35)
If the term falls and the seller does not pay the
debt or does not return the price, the sale is not
absolute, and the buyer does not own the sale, but the
judge will judge the seller to respond, and if the judge
refuses to sell the eye, i.e. sell the eye and fulfill the right
of the buyer from it (36). finally, if a property is sold
adjacent to the sale, the right of preemption is
established for the seller and not for the buyer, because
the latter has a right to the sale in kind. (37)
The seller's guarantee in the sale of the fulfillment
on the buyer, such as the collateral on the mortgage,
that is, if the sale is lost in the sale of the fulfillment while
it is in the hands of the buyer, it guarantees its value by
the amount of the price paid, and also guarantees the
mortgage from the value of the mortgage by the amount
of the debt encumbered only. this is if the value of the

Comparative Study
sale is greater than the price paid, which is mostly, and
the rest is considered a trust in the hands of the buyer,
his loss is not guaranteed except by infringement or
default.(38)
Ownership position: Where some of the owners
(39), went on to say that the sale of the fulfillment is a
mortgage contract, while it is a null mortgage, is not a

valid pledge, and they explained that this contract is
already (40) a contract for profit; Because the buyer under
the contract of sale of fulfillment will benefit from the
sale, which is the primary purpose of the contract,
throughout the period of recovery, which is a part of riba.
(41)
The Prophet (PBUH) said: “No advance and sale is permissible, no two conditions
are allowed in the sale, no profit unless guaranteed, nor the sale of what you find (42) Shafi’iyah
position:
He said, “there are a lot of people in the world who
haven’t been able to do that, but we don’t have a lot of
them, and we don’t have a lot of them.” not paying
attention to it, which means that any condition contrary
to the contract is void if it falls into the heart of the
contract or after it, and accepts its necessity not to apply
to it and to its Council, and where it is true he was not
forced to annul it in a way, and what was rebutted by a
corrupt purchase guaranteed allowance, wage, dowry
and value of a child like a defendant. the purchase and
the building of the buyer here is free of charge on what
is in the case of the fatwas of the beggar, and the
majority of it is all inclusive, but the clear preference of
the two sheikhs for the return of a buyer from the usurper
of the Arsh to return to him. this is the first time that the
seller has to forgive the owner, and then the owner has
to give him a loan and give the house a dough like the
sunk, and then he returns to his defect if he costs to
remove it, or else he is a partner with it.
It is excluded from the prohibition on the sale and

Comparative Study
condition of) pictures (valid)... Such as selling on the
condition of option or innocence of defect or on the
condition of cutting off the tiger (such as selling on
condition of) the term (in the non-usury of the first verse
of religion and its condition: That it be specified with a
knowledge of them such as the feast or the month of
such and neither in nor toward the harvest. (43) ...
However, some of the late Shafi'i scholars have
said that the sale of the fulfillment is permissible for
some of its provisions, which is the buyer's choice by
selling - without some - which is the sale from another.
They say that the sale of this condition is known
to the people and dealt with it because of their need to
escape usury, so it is true that the sale does not spoil
the requirement thereof, even if it is contrary to the rules,
because the rules are left to deal with the same as in the
Istisna'a. he said, “I’ve seen a lot of people in the past,
and I’ve seen them in the past, and I’ve seen them in the
past.” he is the one who says it, even though it is not of
the Shafi'i doctrine, but he chose the one who chose it,
and his jurisprudence of the doctrines, because of the
urgent need for it, and yet the difference in his health
from his origin and in the Quraysh is not hidden from
anyone who has knowledge of the jurisprudence. (44) the
position of Hanbalah:
This type of sale is invalid at Hanbalah because it
has a condition that contradicts the requirement of the
sale toward the requirement that there is no loss on him,
or when the sale is spent or not returned or otherwise

He will not sell, he will not be saved, he will be saved, or
he will be saved. This condition is false in itself as the
Prophet said in a righteous hadith when the condition of
her people loyalty)): There was no condition that was
not in the Book of Ahlil, it is false (45) he harks on the
invalidity of this condition and we have prescribed all the
other conditions because they are in its meaning. (46)
The sale of the contract of the mortgage of the
owner of the fire
Article (1333) of the Iraqi Civil Code states that)):
The sale of the fulfillment is considered a possessory
pledge.
It is clear from this tune that the Iraqi legislator has
dealt with attempts to use the sale of the fulfillment, as
a means of circumventing the provisions of the pledge
by considering this sale as a pledge, so the provisions
of the pledge apply to him, and in this frustration of the
attempts of analysis: but consider 3 was the intention of
the legislator in article (1333) that the sale of the
fulfillment is nothing but a mortgage and is not different
from it in any way? We believe that the Iraqi legislator
does not intend to do so; There are several differences
between them; For example, in the sale of the
fulfillment, the buyer is a guarantor of the thing in his
possession (47) while in the mortgage the mortgage is not
a guarantor (48) because the mortgagee is on something
by the hand of honesty.
Also, in the sale of the fulfillment, the buyer may
require free selection of the object (49), while such a
possessory pledge may not be permitted. (50)
We believe that what is stated in Article (333a)
represents a legal rule based on the most likely
possibility that is left behind: That whoever sells
something to a fulfillment did not intend to sell it. From
the sale of the fulfillment except its image, which covers
a hidden agreement on a loan secured by a mortgage,
that is, the Iraqi legislator considers the sale of the
fulfillment a sham contract that covers a loan secured
by a mortgage.
Third research
The views of the Islamic maze and the Iraqi buried

Qafun on the sale of the loyalty, in which they
request
First order: Sell the fulfillment of the contract of
Cyprus true to the jurisprudence of the Asal Yi
The public of jurists of the four sects went on to
invalidate the contract of sale of fulfillment, because the
requirement of fulfillment, i.e. the refund of the sale upon
refund, is contrary to the requirement of the sale
contract of ownership of the sale to the buyer
permanently, and there is no evidence of the
permissibility of the requirement of fulfillment, so the
sale of fulfillment is not intended. It is the truth of the
sale, but it is intended to reach riba, as the benefit of the
buyer to sell for free is considered riba, and yet the
scholars differed in the statement of the basis built

The fads of loyalty in Islamic jurisprudence and Iraqi civil law - a
comparative study on this invalidity, so some of the Hanafi
jurists went to the fact that the fads of loyalty are a false
sale compared to the sale of Hazel. (51)
The common cause between the two parties is
the lack of satisfaction achieved during its occupation
and did not intend to monitor their contracts provisions
and legitimate effects (52) while some of the other experts
of the Hanafi community went to consider the sale of
loyalty as a sale of coercion (53), he is the one who is the
king of the Kingdom, and he is the king of the Kingdom.
The sale of the buyer as the sale of the impeller
shall be reversed; Because corruption is a lack of
satisfaction; And he is like a slave in all his judgments.
The face of measurement: The sale of loyalty is
a corrupt sale because of the existence of the condition
of fulfillment, and the sale of the impure is a corrupt sale
because of the existence of the defect of coercion,
which is a defect of the will, both are considered a
corrupt sale and take the rule of the contract of sale
corrupt.
Some of the other jurists of the Hanafi (54), that the
sale of the fulfillment is a corrupt sale (55), benefiting the
king when the arrest occurs, and it is subject to
dissolution and if the buyer is disposed of and traded
hands, and the owners of this opinion inferred to what
was narrated about the Prophet, peace be upon him))).
prohibited the sale and condition of (56) ((, if they mention
the condition in the contract, or mention it before the
contract and then the sales contract absolutely on the
condition and agree to build on the modest condition on
it, or his contract is absolute and its conditions after the
contract and the right to the condition of the contract,
the sale of the fulfillment in all these cases is a corrupt
sale, because the condition is contrary to the contract.
(57)
Some of the owners' jurists (58) argued that the sale

of the fulfillment was a corrupt sale, and argued that it
was not required that the sale be taken by the seller
when the price was returned to the buyer; The contract
makes a hesitation between the sale and the advances
(loan), and the seller, if the price is returned to the
buyer, the contract is a loan (and if he does not return
it, the contract is a sale, and between the mint and the
sale has disappeared in many provisions, and the
contract that hesitates between them does not have
effects in one of them. (59)
The other part of the group is that it is a sale,
and that is the benefit of the dispute between these two
views on the yield of the sale, and the one who is a
corrupt sale will be the return of the buyer. The eyes
are on him, and the eyes are on him, and he is on the
side of the salesman. To maintain his ownership and
security of the sale and the buyer is obliged to repay
it.(60)
While the public of Shafi'iyah went on to say that
the sale of the fulfillment is a false sale, if it is
accompanied by a corrupt condition, as it follows that
the king does not transfer in the sale from his owner or
in the price from his owner, but they maintain what they
were ( ), in other words, if the satisfaction clause is in
61
the body of the contract or is stipulated in the contract

board or is required at the time of the option of the
condition; The contract in all such cases shall be void;
Because this condition violates the contract and its
ruling, which is the proof of ownership of the two
substitutes to the parties to the contract, the sale of the
fulfillment in Islamic jurisprudence and Iraqi civil law. a
comparative study whereas this contract is valid if it is not
a condition of satisfaction, or if it is agreed before the
contract, or after the contract has become necessary.
(62)
In terms of the Iraqi Civil Law where we sell the
fulfillment as the sale of a mortgage, where Article
(1333) of it that )): The sale of the fulfillment is
considered a possessory pledge (63) ((not applicable to
all its provisions and without discrimination.
We note that the Iraqi Civil Code has taken this
concept from the Journal of Judicial provisions of Article
(8A), and was not successful in this taking, but the Iraqi
legislator used the sale of fulfillment as a means to
circumvent the mortgage provisions, and therefore
apply to it on the mortgage provisions, because of the
inability of the buyer to sell the sale to others. this is
what the Iraqi judiciary confirmed in the Court of
Cassation in Iraq that))) the contract of sale of fulfillment
takes the mortgage, which is required by the civil law to
complete registration in the Tabu Department in
accordance with article (324a) of it. (64)
This was confirmed in another decision of the
Court of Cassation that)): Sale on condition that the
seller has the right to return the allowance to the buyer
is the sale of a pledge, which is a pledge, the buyer has
only to claim the legal interest for the purchase
allowance for the nitra from the date of the contract until
the date of the return of the allowance Article (333a) of
the Iraqi Civil Code. (65) ((even if the sale is transferred
where the proof of the sale of the fulfillment must be
received by the buyer sold, this is what the first
paragraph of Article (1322) of the Iraqi Civil Code,
where it stated that)): it is required for the completion of
the mortgage and the need for the current, to arrest the
mortgaged ((, because the buyer here acts as the
pawnshop, it is clear that the mortgage as a contract
has no legitimate authority, which is only liable to arrest.
However, the purpose of the sale of the pledge is
only to document the debt, but it is intended to legally
hold a lender interest against the loan, while the pledge
does not lead to the ownership of the mortgage the
benefits of the mortgage, if required, the contract of the
mortgage will be corrupted, because in this condition
the interest is quasi-usury. if the current allows the
benefits to the mortgagor, it is not obligatory, and
therefore the bettor may prevent it whenever he wishes
(66)
Therefore, we consider that the sale of the

fulfillment is only to circumvent the foreclosure
provisions, it does not conform to the foreclosure
provisions of the law.
Al-Shany: Beige fulfills a valid contract in Islamic
jurisprudence
Some of the Hanafi jurists believe that the sale
of fulfillment is a permissible contract that is not
necessary, and the buyer is entitled to use the sale, and
the contract is avoided when one of the contractors
requests it (67), while the contract is corrupt if they
agree to the recovery clause in the same contract, or
pronounce the term the sale to fulfill the condition, and
they inferred this as follows:
The Prophet said:)): The number of Den 68

This is the point of the argument that he makes
the promise necessary for the need of the people to
him, and to flee from usury.(69)
Second: This contract may be free from a clause
that is contrary to its terms.
Third: The people of Balkh used to religion and
rent together, and they do not fit in the vineyards, and
the people of Bukhari used to the long rent, and this is
not possible in the trees so they were forced to sell them
for a fulfillment, and the hardship on the people is not a
matter of his wider rule (70).
Others of the tap held that it was a necessary
sale, so that the buyer could benefit from the sale in
fulfillment, as well as exploit it even by renting it to the
same seller, and he owns its growth and the results
thereof, arguing that they speak the terms of the sale,
and there is no point in mere intention without words. if
a person who marries an order with the intention of
divorcing her after a year, the contract is not a pleasure.
This trend of some Hanafi jurists characterizes
the contract as intention, compared to the marriage
contract.
He said, “We’ve been in the middle of the book,”
and he said, “We’re in the middle of the book,” and he
said, “We’re in the middle of the day,” and he said,
“We’re in the middle of the book, and he’s in the middle
of it.” as the certainty of it is intended, there is no way
to make it subject to his satisfaction with the benefit, so
this is not subject to either word or purpose. 71)
As for Shafi'iyah, the late ones (72) authorized the sale
of the fulfillment, provided that the two parties agree
before the contract that the seller, when he wanted the
return of the sale to him, came the same price as the
contract price, and he can restrict the return for a period
of time, he has no dissolution until after it has passed.

then, after citizenship, that is, after agreement on the
condition, they make a valid contract without condition;
If the term of custody mentioned in the heart of the
contract or after it occurs at the time of the option, it will
be corrupted. (73)
It has been. In the book of Revelation, the Son
of God (the Son of God) is the Son of God. There is no
such thing as a bad condition, a suspension, and a
condition that is contrary to it. As if the fare is an
example to the non-buyer and so on and there is no
proof of the previous contract of complicity on whether
to sign in the contract to corrupt, this is our doctrine, and
do not get rich in what has been prolonged in some of
the scholars of Yemen, which is contrary to what we
decided, and most of it is toward other than our doctrine.
(74) which appears from his words: The sale of the
custody, which was known as Mecca and others, was

led by the agreement of the contractors on the condition
of recovery, and then they conclude the contract free of
that condition, so he said that it was a valid sale, this is
due to the fact that the Shafi`i doctrine states that the
conditions before or after the contract are not
considered
They have no effect on the contract in any way, but are
considered to be what is stated in the body of the
contract or before it is necessary.
It is likely that the sale of the property of the
son of the wife of the husband of the wife of the late
Hanbalah. The contractors, i.e. the current and the
mortgagee, may make a purchase if the price is not
returned within the agreed time; The sale of the
mortgage, which is false in terms of the suspension of
the sale on the condition, is forbidden in terms of the
fact that he is a liar and eating money in the wrong, and
the son of the values of the jawzah responded to this
assumption that there is no contradiction in this
agreement. that the current and the mortgagee have
agreed that he is a mortgage and then wrote in collusion
that he is a contract of sale immediately and the
understatement that he is a mortgage, it is a purchase
in writing, a subcontract, and if signed on the side of the
condition, it is not a lie, and neither in the Sharia
evidence nor the rules of jurisprudence prevents the
suspension of the sale of the condition, and the right is
permissible. the Muslims are on their terms except as a
condition that is forbidden or forbidden to Halal, and this
does not include one of the two things, so the right is
permissible under this contract 75
In his book, he tells the signatories that if a man
sells his slave, his purpose was to be with him or his
seller. The trick in this is to testify to him that if he sells
it, he is entitled to the price, and this contract on the
saying of the opponents is invalid, because the
condition is contrary to the requirement of the restricted
contract, i.e. the restricted condition with the limitation
of the period in it, but it is according to it, so the validity
of the sale and condition is more likely. (76) the opinion
of which:
By listing the views of the jurisprudential
doctrines, it seems to me that each doctrine has a set
of opinions and evidence to show the truth of the sale
of loyalty, where their audience went to the nullity of the
sale of loyalty, and the reason for this is that it leads to
the benefit of the buyer in the eye for the price, and this
leads to circumventing the legal provisions concerning
the prohibition of riba. the Prophet, peace and blessings
be upon him, said:) (77)
It is a rule of Islamic law that a man who bought a
slave and raised him with what he wanted to live, and
then found him. The man said, “O Messenger of Allah,
I have used my servant, and the Prophet (PBUH) said, ‘Al-Kharaj is a
guarantee.’” (78)

It is understood that the Prophet made a
provision for the benefit of the thing that is guaranteed
to the person who is the owner of the property, that is,
if the person who guarantees something that is
damaged, then the benefit of the latter is in the case of
the damage, and if the slave loses his wealth before the
return of the defect, the loss is the responsibility of the
buyer. Because he is the owner of the slave, as in the
contract of sale of the fulfillment, so there is no
suspicion of usury in this type of contract.
Moreover, the characterization of the sale of the
fulfillment as a mortgage contract or a null contract in
Islamic jurisprudence does not correspond to the fact
that this contract is a valid sale, and that it is permissible
in part

The sale of loyalty in Islamic jurisprudence and Iraqi civil law - the
study of comparison of approbation in consideration of
custom and the need of people, and in this the son of
Najim al-Hanafi that they said)): The sale of loyalty is
true to the need of people to escape usury, and what is
straining on people is a matter only expanded his rule.
(79)
Therefore, I see the preponderance of the

possibility of selling loyalty in Islamic jurisprudence
based on some of the general rules of jurisprudence
known in Islamic jurisprudence that govern contracts, if
these rules apply to contracts, it becomes a legitimate
award, including a rule))): The need falls under the
status of necessity was general or special (80) ((, and
rule))) the difficulty brings ease). (81)
This is a rule that makes it easy, easy, and easy
for the people to do what they have done. It is well
known from the tracking of the sources and purposes of
the Sharia that all of them are considered either to bring
interest or to prevent corruption and all that suits the
purpose. Man and his objectives, and does not clash
with the principle and spirit of the Shari'a, it is
permissible to legally contract, condition or error, and
from it the jurists devised this rule and made it a general
rule of legitimacy that can serve as a general measure
of knowledge of the Sharia provisions, and a guide that
they illuminate when incidents and facts occur. Kiyer
solved many of the issues and problematic issues in
light of them, so we can prejudge the validity of the
contract of sale of the fulfillment.
I have also found from our review of the legal
provisions of the Iraqi Civil Code that the sale of the
fulfillment being a valid contract is too clear and
accurate to be a pledge, as the similarities between the
sale of the pledge and the mortgage are insufficient to
give the sale a description of a mortgage. therefore, the
Iraqi legislator has to draft the text of article (333a) of
the Iraqi Civil Code or prepare another article on the
regulation of this sale to be considered a valid sales
contract pending a null clause.
The sorrel
At the end of this research, I came up with a
number of conclusions and recommendations: 1.
The sale of fulfillment is a contract in which the seller
requires himself the right to recover the sale during
a certain period in return for the return of the Yemeni
buyer and the expenses resulting from the sale and
the expenses of necessary or useful repairs other
than perfectionism, and the treatment of people in
this sale because of the need of people for it as a
substitute for usury loans.
2. It is a contract in which the jurists differed in their
judgment, some of which were permissible, some
of which were invalid, and others considered it an
unnecessary contract for the parties, and does not
transfer the ownership of the sale, but rather the
benefit of the mortgage.
3. I see the preponderance of selling Wafa in Islamic
jurisprudence based on certain rules. The Faculty
of Jurisprudence is well known in Islamic
jurisprudence that governs contracts, if these
rules apply to contracts, it becomes a Sharia
award, including a rule)):
246 The third magazine (.)
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The need subtracts the status of necessity in
general or special (77), and the rule of hardship
brings facilitation. (78) this rule means lifting
embarrassment, hardship or hardship, facilitation
and concealment on the people, and facilitating
them in what the law of the Almighty for them of
the legal provisions.
This rule has become a general measure of
knowledge of the legal provisions, a guiding light
to be used when incidents and facts occur, and
the resolution of many issues and problematic
issues in its light.
4. The son of Najim mentioned in the book) the
likeness and analogues": (The saying of the tap
that the fulfillment is true, because the need of
people to escape usury, and the hardship on the
people is only wider than his judgment, and the
taft allowed it to be pleasing "
In view of the importance of the sale of the fulfillment
at the present time and the need of the people for
it, the Iraqi legislator has to cancel or draft article
(333a) of the Iraqi Civil Code, which considered
the sale of the fulfillment to be a mortgage
contract, and to organize an article as a valid sales
contract pending on a null clause.
310-110 is
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I am coming
1. Look: Mohammed bin Yaqoub al-Turouzabadi, the
surrounding dictionary, the Foundation of the
message - Beirut, 1/1731, the jurisprudential
dictionary language and terminology: Saadi Abu
Jaib.1/272:
2. Abu Fateh Nasir al-Din bin Abd al-Sayyed bin Ali bin
al-Meterzi, Morocco in Ratib al-Mu'arb, T1, Osama
bin Zeid Library - Aleppo, 1979 ad, 2/363,
investigation: Mahmoud Fakhoury and Abdul Hamid
Mokhtar, Abu Bakr Mohammed bin Qasim Al-Anba
Ri, Al-Zaher in the meanings of the words of the
people, Al-Resala Foundation - Beirut 1412 - HH
1992 -, T1, investigation: Dr. Hatem Saleh Al-Daman

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.2/240:
3. See: The jurisprudential dictionary language and
terminology: Saadi Abu Jubb 1/384: With a simple
disposition., Sheikh regime and a group of Indian
scholars, Indian fatwas in the doctrine of the great
Imam Abu Hanifa al-Nu'man, Dar al-Fikr 1411 - e -
1991 ad 3/209
4 . See: The footnote of the reply of the Mukhtar to Al-
Der Al-Mukhtar explained the enlightenment of the
vision by Abu Hanifa: Ibn Abdeen., think House for
printing and publishing - Beirut 1421 - e 2000 - ad,
5/276
E. necessary expenses: These are those that the buyer
spends in order to preserve the eye from loss and
damage, such as those spent to repair the fallen
house, for example. And useful expenses: These are
those that the buyer spends not to preserve and
maintain the eye, but to increase its value. as for the
luxury expenses: which are not necessary or useful,
but spent to beautify the eye and decorate it, these
expenses do not require the seller to pay
6, see: Mohammed Arafah al-Dessouki, the footnote of
al-Dessouki on the great explanation, Dar al-Fikr -
Beirut, investigation: Mohammed Alish, 3/71
7, Look: Abdul Hamid al-Sherwani, the footnotes of Al-
Shrawani on the masterpiece of the needy in
explaining the curriculum, Dar al-Fikr - Beirut, 4/296
8, See: Mansour bin Younis bin Idris al-Bahuti,
revealing the mask about the reassurance of
persuasion, Dar al-Fikr - Perot402a -, investigation:
Hilal Mushelhi Mustafa Hilal. 3/149:
9. See: Indian fatwas.3/209:
10 if a person sells his own house to another for twenty
thousand dinars, he shall return it to him when the

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price is returned and he shall rent it to him. Vacating
the house and handing it over to the buyer was
rented by the seller from the buyer for a thousand
dinars, which is the interest that accrue to the buyer
from the sale.See: Haidar, the rulers explain the
magazine of judgments, the Abbasid printing press,
Haifa, 995A, p.98
11, see: Journal of the Islamic Jurisprudence Society) v.
5, C 2 pp. 753. (965
12, see: Dr. Al-Hadi Al-Saeed Arafah, the ruling on the
sale of Al-Wafa and whether it is considered a
pledge, a research published in the Journal of Legal
and Economic Research, Faculty of Law, Mansoura
University, issue (17), p.228
13, we mean the conditions that are necessary here:
Conditions by which one of the contractors obligates
the other party under his contract, in order to achieve
a certain purpose, and are also called the conditions
associated with, or the comparison of the contract,
or the conditions in the sale.See: Dr. Mustafa
Ibrahim Al-Zulmi, the assets of jurisprudence in the
new fabric, AA, Law Library, Baghdad, 1432H 2011
- m, pp. 247 et seq. Al-Zahrani, the provisions of e-
commerce in Islamic jurisprudence, p.218
(14) O you who are religious, believe or fulfill the
contracts. You are not allowed to go to 0, but you
are not allowed to go to the ground, and you are not
allowed to do what you want to do.) The table, yes.
(1)
15, see: Ibrahim bin Musa Al-Lakhami Al-Gharnati Al-
Maliki, Approvals in the origins of Jurisprudence, Dar
Al-Maqaf - Beirut, investigation: Abdel Ahlal Daraz,
243 and beyond, Ahmed Abdul Halim bin Taymiyah
Al-Harani Abu al-Abbas, Books, Letters and Fatwas
of Sheikh al-Islam Ibn Taymiyah, Taimiah, 2, Ibn

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Taymiyah Library, investigation: Abdul Rahman bin
Mohammed bin Qasim Al Asimi Najdi, 29/129, 346,
Property and Contract Theory in Islamic Sharia, Dr.
Ahmed Faraj Hussein, 1, Culture Foundation, United
Art Printing Company Press, Cairo, pp. 202, Abdul
Rahman Abdul Ahlal Bakir, selling the Covenant
between his supporters and opponents, 1, Freedom
House for Printing and Publishing, Baghdad, 1982,
and 76

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16, see: Kuwaiti Jurisprudence Encyclopedia, Ministry
of Awqaf and Islamic Affairs, T2, Dar Al-Sallaysail,
Kuwait, 1404H 1427. 9/243
17, the table, 1/
18, the women, the fact. 29/
(19) the Prophet of Islam sent him out in his Sunnah,
the door of what was mentioned about the Prophet
of Ahl, peace be upon him, in the peace between the
people, No. 17/22, (3/634), Abu Issa Hazza, Hadith
of Hassan Sahih, and Tabrani in the great lexicon,
No. (30), 1352, Suleiman bin Ahmed bin Ayyub Abu
al-Qasim al-Tabrani, the Great Dictionary, 2, the
Library of Zahra, 1404 and 1983, investigation:
Hamdi bin Abdul Majid Salafi.
20, for these views see: Sheikh Nizam and a group of
Indian scholars, Indian fatwas, and marginal fatwas
of Kadikhan and Al-Gathawi Al-Bazazzi, T3, Arab
Heritage Revival House, Beirut, 1980. 400. 4/405
21, this is the opinion of Imam Abu Shuja al-snowy,
Imam Ali al-Safadi and Imam al-Hassan al-Matridi of
the Hanafi jurists. See: The Pezzazzi fatwas on the
margins of Indian fatwas, 4/405, and Zailai, showing
the facts, 5/183
22, see: Fakhr al-Din Osman bin Ali al-Hanafi,
explaining the Treasure of minutes, Islamic Book
House - Cairo 1313 - .e, . 5/183
23, look: Mahmoud bin Ismail, the famous son of Judge
Samawa Al Hanafi, the mosque of the two chapters,
1, the Al-Azhar printing press, 1300 AH, 1/234
24, look at the facts, . 5/183
25, look: Quasi-isotopes, Zain al-Abidine Ben Abraham
bin Najim al-Hanafi, p.27; and Article (3) of the
Journal of Judicial judgments, the Society of the
Journal, Karkhanah Trading Books, Investigation:
Najib Huwini, 1/16
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26, see: Son of the Judge of his Highness, Collector of
the two chapters, 1/234
27, and this is the pride of the religion of the hypocrites.
See also: The Indian subservience. 4/406
28, the facts, 5/184
29, seen: Zinedine Ibn Najim al-Hanafi, the brilliant Sea
explaining the Treasure of minutes, Dar al-Maarf -
Beirut, 2, 8/6, 9
30, see: Son of Najim, the bright Sea, 6/0; the Collector
of the two chapters, son of the Judge of Samawah,
1/237
31, and this is the opinion of the late judges of the tap,
and this is what the provisions of the Code of
provisions in Article (118) thereof
32, see also: Dr. Adnan Khaled Al-Turkmani, Contract
Controls in Islamic Jurisprudence, 1, Dar Al-
Shorouk, Jeddah, Saudi Arabia, 1981, p. 279
33, seen: Ibn Abdeen, the footnote of the reply of the
Mukhtar to the Mukhtar explained the enlightenment
of the vision by Abu Hanifa, the think House for
printing and publishing - And Beirut
–
1421 and 2000. 277-5/276
34, seen: Ali Haidar, Darar Al-Hakam explaining the
Journal of judgments, Dar Al-Sadiq, Dar Al-Sayed,
Dar Al-Sayed, Dar Al-Hakam, Dar Al-Sayed 1/97
35, look at it. From the previous article 1/97:
36, see: Ahmed Aboul Fateh, transactions in Islamic
Law and Egyptian laws, 1, Bosphorus Press, Egypt,
1913, p.390
37, Ali Haidar, the judges explain the magazine of
judgments, 1/97
38, see: Mustafa Ahmed Zarqa, the Islamic brand in the
new Nubah, the general jurisprudential entrance, I/9
the printing press of a B al-Adib, Damascus 1967 ad,
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545/1, 546
39, and this trend is set aside by Sahnoun and the son
of the Magshon and other jurists of Malikiyah,
looking at Muhammad bin Ahmad bin Muhammad
bin Rashid al-Qortbi, the beginning of the Mujtahids.
The end of the economy, Dar al-Fikr, Beirut, 121/2
40, advances are meant to be loans, not peace
agreements.
41, viewed: The Great Blog, Malik bin Anas, 4/133,
Mohammed. Al-Dessouki's entourage was
introduced to the great explanation, Dar al-Fikr -
Beirut, an investigation: Mohammed Allas, 3/231
42, directed by the women in his great years, the door
of selling what Leiden is at the seller, No. (6204),
4/39
43, the masterpiece of the need in explaining the
Platform, 10/298
44, Abdul Rahman bin Muhammad. Ben Hussein bin
Omar, famous for Baalawi, for the sake of guidance,
printing house of the Arab Book Revival, Egypt,
without a year of printing, p. 133
45, agreed, Al-Bukhari gave it correctly, a door if he
stipulated conditions in the sale shall not be
dissolved, No. 2/759 (2060), and a Muslim in a
correct door, but loyalty to the one who was freed,
No. (1504), 2/1142, and Al-Bayhaqi in his great
years, the clause that corrupts the sale, No. (10609),
5/336, Ahmed bin al-Hussein bin Ali bin Musa Abu
Bakr al-Bayhaqi, Sunan al-Bayhaqi al-Kabir, Dar al-
Baz Library - Makkah al-Mukarramah 1994 - 1414 -
, investigation: Muhammad. The Lord’s Prayer and
the Word to him. **
46, son of old, singer, 5/284
47. Al-Madaah (399) of the Journal of Judicial
Judgements.
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48. Article (1336) of the Iraqi Civil Code.
49 . Article (398) of the Criminal Code.
0 h. Article (1340) of the Iraqi Civil Code.
1H. Look: Mansour bin Younis bin Idris al-Bahuti, the
explanation of the last will called the first minutes of
the end to explain the end, T2, the world of books -
Beirut - 1996, 2/31
2nd. He looks And I am the one who is the one who
is the one who is the one who is the one who is the one
who is the one who is the one who is
And the Shahaha, 1, United Technical Printing
Company, Cairo, 1946, p. 84/
3He: This trend is set aside by Imam Dahir al-Din al-
Marghinani, Dhahir al-Din Ishaq al-Waluji, Sadr al-
Shahid al-Sadr, the crown of Islam Ahmed bin Obaid al-
Aziz, and the most likely of the leaders of the Hanafi
jurisprudence in Bukhari. See also: The facts, 184-
5/183
4He. And we give this direction to Imam Aladdin Yedar,
his guide and his children. See: Pezzazzi fatwas on
the sidelines of Indian fatwas, 4/408, Zailai’i, laying
down the facts, 184-5/183
Hah. See previous source, 4/407; The facts, the facts,
5/183
6 of . It was directed by Tabrani in the middle lexicon,
which is strange, No. (4361), 4/335, Abu al-Qasim
Suleiman bin Ahmed al-Tabrani, the middle lexicon, Dar
al-Haramain - Cairo 1415 -, investigation: Tariq bin
Awad Ahlal bin Mohammed, Abdul Muhsin bin Ibrahim
al-Husseini, as in the " Zadat Complex. The door of what
is mentioned in the two deals is in a deal or the condition
in the sale through Abdul Ahlal bin " al-Dhurair.See: Ali
bin Abu Bakr al-Hayami, the Zayd Complex and the
Source of benefits, Al-Rayyan Heritage House/ Dar al-
Arab Book - Cairo, Beirut - 1407, 4/85

Comparative Study
7 is . See): Qaleubi and Amira (both the imams'
retainers Sheikh Shahab-Eldin Qliubi and Sheikh
Amira on the explanation of the local mark Jalal-Din
on the curriculum of the students to Sheikh
Mohieddin Anduwi, Cairo. 2/177 Zailai, showing the
facts, 184-5/183
8 of them. He is the one who speaks of the Lord’s
presence in the Lord’s Supper, and the one who
speaks of the Son of God in the Lord’s Prayer. See
also: Great blog, Imam Malik bin Anas, .4/132
9 of . See: Mohammed bin Ahmed bin Rushd al-Qorutbi,
the prelude to the statement of the fees of the Code
in the legal rulings and collections of the courts of
her mother issues problems, T1, House of the
Islamic West, Beirut, 1988, investigation: Said
Ahmed Arab, Abdul Ahlal bin Ibrahim al-Ansari.
2/336

60. Look: Mohammed bin Abdulrahman al-Maghribi Abu
Abdel Ahlal, Talent of Galilee to explain the short
Khalil,i 2,Dar al-Fikr - Berot1398 - , . 4/373
61 . See: Ahmed Shahabuddeen bin Mohammed Badr
al-Din bin Muhammad Shams al-Din bin Ali Nur al-
Din bin Hajar al-Hitmi al-Shafi'i al-Makki, Grand
fatwas, Islamic Library, Egypt, 257
62.look at it. Abraham is the one who is the one
who is the one who is the one who is the one who is the
one who is the one who is the one who is
And 89. 90
63. Article (1333) of the Iraqi Civil Code.
64- the decision of the Court of Cassation of Iraq No.
(313), human rights, (966) a public body on
26/11/1966) (published in the Judicial Journal,
issued by the Bar Association in Iraq, fourth issue,
p.98
H6- the decision of the Court of Cassation of Iraq No.
(857) on 20/11/1973) M(, published in the Judicial
Bulletin, issued by the Technical Office of the Court
of Cassation of Iraq, fourth issue, p. 68
66.Mustafa Zarqa, explanation of the Syrian law, named
contracts, contract of sale and barter, T6, Al-Arab
boy printing presses, 1965, p. 244
67. Look: Mohammed bin Muflah Al-Maqdisi Abu Abdel
Ahlal, branches and correction of branches, Ta, Dar
Al-scientific books - Beirut 1418 -, investigation: Abu
al-Zahra. Hazem Al-Qadi, 4/47, the fatwas on the
sidelines of the Indian fatwas, .3/209
68. Tabrani directed it in the middle lexicon, No. 3513),
(3514, 4/23, revealing the hidden, No. (1719), 2/73,
he said, “No one among you is a child who has not
been accomplished for him, for the Messenger of
Allaah, peace be upon him, said: ‘Uqda Deen,
Isma’il bin Muhammad al-Ajlouni, the surgeon,

revealed the concealment and the removal of the
clothes of the famous hadiths on the Sunnah of the
people, T4, the institution of the message - Berut
1405.
69. See: The Zallaee, showing the facts, 5/184
70. Look: Zinedine Ibn Najim al-Hanafi, the beautiful sea
explaining the treasure of minutes, T2, Dar al-
knowledge - Beirut, 6/8
71. Look: Son of the Judge of Samawa, Mosque of the
Fosawian, 1/234
72- who authorized this contract the son of the Hitmi
stone and Alawi from the late jurists of Shafei.
73. Abdelhamid Al-Sherwani, Hawashi Al-Shirwani,
(296/4)
74. Look: The son of the Hitmi stone, the great fatwas
of jurisprudence, Dar, 230 of 2
It is 7. See: Mohammed bin Abu Bakr Ayoub al-Zari Abu
Abdel Ahl, interest deposits, i 1, Nizar Mustafa al-
Baz Library - Makkah al-Mukarramah 1996 - 1416 -,
investigation: Hisham number Aziz Atta - Adel Abdul
Hamid al-Adawi - Ashraf Ahmed, 4/904
76.look at Abu Bakr, may God be pleased with him. Al-
Zari al-Damqi, informing the signatories about the
Lord of the Worlds, Dar al-Jil - Beirut 1973 -,
investigation: Taha Abd al-Rauf Saad, 3/369
77. He was directed by Imam Ahmad in Musnada
(24270), 6/49, and Abu Dawood in Sunnah (3508),
3/284
78. Look: The son of Najim al-Hanafi Semi and isotopes,
p.151
79. Look: Abdul Rahman bin Abi Bakr Ta, Scientific
Books House - Beirut - 1403H, 1/88, and Article (32)
of the Journal of Judicial judgments.
80. See 1/76 :; Article (17) of the Journal of Judicial
Judgements.

81. See: Seioti, Semi and isotopes, 1/83, Ibn Najim,
Semi and isotopes, p.84
- Source of interest -
The Noble Qur'an.

1. Ibrahim bin Musa Al-Lakhami Al-Gharnati Al-Maliki,
Approvals in the origins of Jurisprudence, Dar Al-
Maarah - Beirut, investigation: Abdul Ahldraz.
2. Ibrahim Desouki Al-Shahhawi, Jurisprudence in Al-
Moran and Al-Shafah, 1, United Technical Printing
Company, Cairo, 1946
3. Ibn Abdeen, footnote of the reply of the Mukhtar to
the Elder Mukhtar explained the enlightenment of Al-
Basar Fakh Abu Hanifa, think House for printing and
publishing - Beirut 1421 - AH - 2000.
4 . Abu al-Fath Nasir al-Din bin Abd al-Sayyed bin Ali
bin al-Meterzi, Morocco in the order of Al-Mu'arb, i 1,
library of Osama bin Zaid - Aleppo, 1979 ad, 2/363,
investigation: Mahmoud Fakhoury and Abdul Hamid
Mukhtar.
H. Abu al-Qasim Suleiman bin Ahmed al-Tabrani,
Middle Dictionary, Dar al-Haramain, Cairo 1415.
Investigation: Tarek bin Awad Ahlal bin Mohammed,
Abdul Muhsin bin Ibrahim al-Husseini.
6. Abu Bakr Mohammed. Ibn al-Qasim Al-Anba Ri, Al-
Zaher in the meaning of the words of the people, the
Foundation of the message - Beirut 1412 - HH 1992
-, T1, investigation: Dr. Hatem Saleh Al-Guarman.
7. Abu Abdul Ahlel Shams al-Din Muhammad bin Abu
Bakr bin Ayyub bin Saad al-Zari al-Damashqi, flags

of the signatories about the Lord of the Worlds, Dar
al-Jil - Beirut - 1973, investigation: Taha Abdul Raouf
Saad.
8. Ahmed Aboul Fateh, transactions in Islamic Law and
Egyptian laws, 1, Bosphorus Press, Egypt, 1913.
9. Ahmed bin al-Hussein bin Ali bin Musa Abu Bakr al-
Bayhaqi, Sunan al-Bayhaqi al-Kabir, Dar al-Baz
Library - Makkah al-Mukarramah 1994 - 1414 -,
investigation : Mohammed Abdul Qadir Atta.
10 . Ahmed Shahabuddeen bin Muhammad Badr al-Din
bin Muhammad Shams al-Din bin Ali Nur al-Din bin
Hajar al-Hitmi al-Shafi`i al-Makki, the Great fatwas
of Jurisprudence, Islamic Library, Egypt.
11 . Ahmed Abd al-Halim bin Taymiyah al-Harani Abu
al-Abbas, books, letters and fatwas of Sheikh al-
Islam Ibn Taymiyah, T2, Ibn Taymiyah library,
investigation: Abdul Rahman bin Muhammad bin
Qassim al-Asimi Najdi.
12 . Ismail bin Mohammed Al-Ajlouni surgical, revealed
the concealment and remover of what is known of
the hadiths on the Sunnah people, T4, Al-Resala
Foundation - Beirut - 1405, investigation: Ahmed Al-
Qallash.
13. Haidar, Dirar Al-Hakam explained the magazine of
rulings, Abbasid printing press, Haifa, 1995.
14. Dr. Adnan Khalid Al-Turkmani, Contract Controls in
Islamic Jurisprudence, 1, Dar Al-Shorouk, Jeddah,
Saudi Arabia, 1981.
H1. Dr. Ahmed Farraj Hussein, Property and Contract
Theory in Islamic Law, 1, Culture Foundation, United

Art Printing Company, Cairo.
16 . Dr. Al-Hadi Al-Saeed Arafah, the ruling on the sale
of Al-Wafa and is it considered a pledge, a research
published in the Journal of Legal and Economic
Research, Faculty of Law, Mansoura University,
issue. (17)
17. Dr. Mohammed smart Abdul Barr, the provisions of
financial transactions in the Hanafi doctrine) a
systematic presentation (, the transfer contracts, 1,
the House of Culture for Printing and Publishing,
Qatar, 1968
18. Dr. Mustafa Ibrahim al-Zulmi, the origins of
jurisprudence in the new fabric, T1, Legal Library,
Baghdad, 1432H 2011.

Comparative Study
19. Zinedine Ibn Najim Al Hanafi, the beautiful sea
explaining the treasure of minutes, T2, Dar Al-Maarf
- Beirut.
20. Suleiman bin Ahmed bin Ayoub Abu al-Qasim
Tabrani, Grand Dictionary, T2, Zahra Library,
Mosul, 1404 H983, investigation: Hamdi bin Abdul
Majid Salafi.
21, the Shaykh regime and a group of Indian scholars,
Indian fatwas, and in the margins the fatwas of two
judges And cover 3, a
living house The Heritage
Beirut, Beirut, 1980.
22, Sheikh Nizam and a group of Indian scholars, Indian
fatwas in the doctrine of the great Imam Abu Hanifa
al-Nu'man, Dar al-Gakhr 411a-H1991-M.
23, Abdelhamid Al-Shrawani, footnote Al-Shrawani on
the masterpiece of the needy explaining the
curriculum, Dar Al-Fikr - Beirut.
24, Abdul Rahman bin Abi Bakr Ta, Dar Al-Katedeb
Scientific - Berot403a - H.
25, Abdul Rahman bin Mohammed bin Hussein bin
Omar, famous in Baalawi, in order to be guided,
printing house of the revival of the Arabic Book,
Egypt.
26, Abdul Rahman Abdul Ahlal Bakir, sale of the trust
between his supporters and opponents, Ta,
Freedom House for Printing and Publishing,
Baghdad, 1982.
27, Abdul Ahlal bin Ahmed bin Mohammed bin

Comparative Study
Qadamah al-Hanbali) without a year of printing
(singer, capital Press, Cairo.
28, Aladdin al-Kasani, the places of the trade in the
order of the laws, T2, the House of the Arab Book -
Beirut 1982-
29, Ali bin Abi Bakr Al-Hayami, Zadat Complex and the
Source of benefits, Al-Rayyan Heritage House/Arab
Book House - Cairo, Beirut.1407-
30, Ali Haidar, Darar Al-Hakam explained the Journal of
judgments, Dar Al-Ketteb Scientific House -
Lebanon/ Beirut, investigation: Arabization: Lawyer
Fahmy Al-Husseini.
31, Fakhr al-Din Osman bin Ali al-Zailai al-Hanafi,
showing the facts explaining the treasure of
minutes, Islamic Book House, Cairo, 313a.
32, Saadi Abu Jeb, Dictionary of Jurisprudence
Language and Terminology, T2, Dar al-Fikr,
Damascus, Syria, 1408H 1988.
33. Qleubi and Amira Hachita Imam Sheikh
Shahabuddin Qliubi and Sheikh Amira on the
explanation of the local mark Jalal al-Din on the
Talabeen’s accents to Sheikh Mohieddin Dhuwi,
Cairo.
34.Mohammed Hussein Al-Kashef cover 1360) H
(Editing the magazine, the library and its printing
press Al-Haydariya, drying the honorable.
H3. The Journal of Judicial judgments, Dar Ibn Hazm,
Bbarut, 14424 AH, 2004 ad.
36- Journal of the Islamic Fiqh Academy, Sixth Session

Comparative Study
of the Conference of the Islamic Fiqh Academy,
Fifth issue, Jainian Part, 1410H 1990-M.
37. Mohammed bin Abi Bakr Ayoub al-Zarai Abu Abdel
Ahlal, interest deposits, i 1, Nizar Mustafa al-Baz
Library - Makkah al-Mukarramah 1996 - 1416 -,
investigation: Hisham Abdul Aziz Atta - Adel Abdul
Hamid al-Adawi - Ashraf Ahmed.
38- Mohammed bin Ahmed bin Rushd al-Qorutbi, the
previews to indicate what the fees of the code
required in the legal provisions and the collections
of the courts for her mother's issues The problem
is, 1 The West The Islamic Republic, 1988.
The answer is, “the Lord’s Prayer”, “the Lord’s
Prayer.”
39 of Muhammad. Ben Ahmed bin Mohammed. Ben
turned up. Al-Qortabi Abu al-Walid, the beginning
of the Mujtajid and the end of the economy, Dar al-
Fikr - Beirut.
40 . Mohammed. Ben Ismail Abu Abd Ehlel al-Bukhari
Al-Jaafy, the correct short Mosque, Dar Ibn Kayir,
Al-Yamamah - Berot1987 - 1407 -, T3, investigation:
Dr. Mustafa Dib Al-Baga.
41 of Muhammad. Ibn Abd al-Rahman al-Maghribi Abu
Abd al-Ahl, Talent of Galilee to explain the Brief
Khalil, i 2, Dar al-Fikr - Beirut.1398 -
42 of Muhammad. Ibn Muqlih Al-Maqdisi Abu Abd al-
Ahl, branches and correction of branches, Ta, Dar
Al-scientific books - Beirut 1418 -, investigation: Abu
Zahra Hazem Al-Qadi.

Comparative Study
43 of Muhammad. Ben Yacoub Al-Turouzabadi, the
surrounding Dictionary, the Foundation of Message
- Beirut.
44. Mohammed Arafah al-Dessouki, the footnote of al-
Dessouki on the great explanation, Dar al-Fikr -
Beirut, an investigation: Mohammed Alish.
H4. Mahmoud bin Ismail, the famous son of Judge
Samawa Al-Hathafi, the mosque of the two
chapters, 1, the Al-Azhar printing press, 1300H.
46 . Muslim ibn al-Hajjaj Abu al-Hussein al-Ashiri al-
Nishapuri, Sahih Muslim, Dar al-Nizat al-Arabi -
Beirut, investigation: Mohammed Fuad Abd al-Baqi.
47. Mustafa Ahmed Zarqa, Islamic Jurisprudence in
New Nubah, General Fiqh entrance, I/9 printing
press a B Al-Adib, Damascus 967A.
48.Mustafa Zarqa, explanation of the Syrian law,
named contracts, contract of sale and barter, T6, Al-
Arab boy printing presses, August 1965.
49. Mansour bin Younis bin Idris al-Bahuti, the
explanation of the last will called the first minutes of
Al-Naha to explain the end, T2, the world of books -
Beirut.1996 -
0 h. Mansour bin Younis bin Idris al-Bahuti, revealing
the mask on the touch of persuasion, Dar al-Fikr -
Perot402a -, investigation: Hilal Moselhi Mustafa
Hilal.
1 of . Ministry of Awqaf and Islamic Affairs, Kuwaiti
Jurisprudence Encyclopedia, T2, Dar Al-Sallaysail,
Kuwait, 1404 and 1427 - HID.

Comparative Study
My caravan
2nd. The Iraqi Civil Code.
3 of . The decision of the Court of Cassation of Iraq
No. (857) on 20/11/1973) m(, published in the
judicial bulletin, issued by the Technical Office of
the Court of Cassation of Iraq, issue IV.

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The Faithful heresies in Islamic Jurisprudence and Iraqi Civil

Law - a Comparative Study

Dr. Rashid Ali Zebari

The third magazine (.) 237

such as gift and mortgage bias, and the effects of the

The opinions of the jurists on the question of

The third magazine (.) 239

In the book of the two chapters): The sale that

The third magazine (.) 238

Third opinion: (31): While the proponents of this

The third magazine (.) 240

mortgage contract, while it is a null mortgage, is not a

The third magazine (.) 241

The third magazine (.) 242

The views of the Islamic maze and the Iraqi buried

The third magazine (.) 242

Some of the owners' jurists (58) argued that the sale

the body of the contract or is stipulated in the contract

Therefore, we consider that the sale of the

The third magazine (.) 246

The third magazine (.) 244

custody, which was known as Mecca and others, was

The third magazine (.) 246

The third magazine (.) 247

Therefore, I see the preponderance of the

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The Noble Qur'an.

The third magazine (.) 255

The third magazine (.) 256

The third magazine (.) 257

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