| المستخلص: |
The present paper discusses an impor¬tant subject related to transactions among people. The most important points tack¬led by this paper are the following: 1. The Holy Qurian and the Prophetis Sunnah should be given preference to any other opinion. 2. The prohibition of exceptions is meant to realize interests and block cor¬ruption and harm. 3. The prohibition of exceptions is meant to realize equality between con¬tracting parties and preserving their rights. 4. Exceptions are prohibited if they are unknown but permissible if known as agreed among scholars. 5. Exceptions may touch on descrip¬tion, type, number, time, measure or weight. 6. Intents should be given considera¬tion in contracts; words should be tied with meanings. 7. Actual practice has a major role in determining the intentions of contracting parties and limiting general terms con¬tained in contracts. 8. Conditional sale is called by schol¬ars as the sale with exception. The author presents some recommen¬dations which he hopes to be applied in reality. These include the following: 1. Society members should be made aware about the terms and lawful and un-lawful terms and conditions of contracts including unlawful sales which may have new forms. 2. Intensive academic studies should be conducted based on the Holy Qurian and the Prophetis Sunnah that cover novel cases in commercial transactions includ¬ing exceptions. 3. Legal consultants should be pro¬vided at courts to provide judges with comprehensive legal studies related to Shareeiah provisions on different cases. 4. People should be made aware that the Holy Qurian and the Prophetis Sunnah are comprehensive and provide justice and interests of individuals and communities.
|
