ضمان الأصول المستقبلية في الفقه الإسلامي والنظام القانوني الأفغاني
Description
ضمان الأصول المستقبلية في الفقه الإسلامي والنظام القانوني الأفغاني Validation of future assets in Islamic jurisprudence and legal system of Afghanistan Abstract One of the financial examples that is being considered today in commercial transactions, especially commercial loans, and is used as collateral by banks and lending institutions, is the mortgage of movable property, and Afghan transaction banking accepted it. While Islamic jurisprudence prohibits the transaction of perishable goods, Afghan civil law considers the existence of a contract against a specific object as a condition for the reliability of a contract. Therefore, checking the validation of such assets is very important to respond to the coming questions: Is it possible to accept the credit of such property in the Afghan legal system? If not, what can be the basis of admitting such type of collateral in the law of mortgage of movable property in banking transactions? Answering these questions is the goal of this article. This article researched the jurisprudence and legal texts analytically to point out the nature of the contract. The result of the research shows that in Islamic jurisprudence, the invalidity of perishable things is not unconditional but is limited to the situation in which there is an element of deception with the imposition of special restrictions and conditions, which deception If not, according to jurisprudence and legal provisions, there will be no obstacle to its transaction. However, acceptance of such a thing seems to be ruled out at first glance. Keywords: validation, future assets, ghurar, liquidation.
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"This is a descriptive-analytical and comparative study bridging Islamic jurisprudence and financial law. The methodology involved evaluating jurisprudential texts across Sunni schools of thought regarding the validity of contract guarantees involving future assets (Al-Amwal al-Mustaqbalah) and the doctrine of Gharar (uncertainty). This was systematically compared with the civil and commercial statutory legal framework of Afghanistan to evaluate the enforceability, risk management mechanisms, and financial validity of such guarantees."
Institutions
- Herat UniversityHerat, Herat