Article Title

مصادر التقعيد الأصولي عند الإمام الجصاص المنهج، والأثر التجديدي The Substitutional Provisions in the Contracts of Compensation and Partnership - Jurisprudential Models Compared to Jordanian Civil Law

Authors

Nabeel Mohammed Al-Maghayreh, Jordan UniversityFollow

Abstract

This work deals with the subject of substitutionary rulings in commutative and companies contracts in Islamic Jurisprudence in comparison with Jordanian civil law as an example, with the aim of explaining this concept of substitutionary rulings, its kinds, and applications in the contracts in question, it also highlights their preventive and curative role in Islamic jurisprudence.

The study reached the conclusion that there are juristic applications for substitutionary rulings in commutative and companies contracts and to what extent the Jordanian civil law has taken it in consideration. Amongst the recommendation of the present study are: judges should pay attention to the applications of substitutionary rulings in judicial procedures whenever this application preserves the objectives of Islamic law and the public interest wherever the preventive, curative and functional roles are achieved in the contracts in question.

Recommended Citation

Al-Maghayreh, Nabeel Mohammed (2020) "مصادر التقعيد الأصولي عند الإمام الجصاص المنهج، والأثر التجديدي The Substitutional Provisions in the Contracts of Compensation and Partnership - Jurisprudential Models Compared to Jordanian Civil Law," Jordan Journal of Islamic Studies: Vol. 16: Iss. 3, Article 3.
Available at: https://digitalcommons.aaru.edu.jo/jois/vol16/iss3/3