2010•Dirasat Shari a and Law SciencesOpen access

Terms of the Different Views Regarding Money Dealers and Money Lords that are Related to Dealing with Money and Profits

Mohammad A. Al-Trayrah

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Abstract

Praise is to God, the Lord of the two worlds-peace and prayers is on our prophet, may peace be upon him and on his people and companions as well. The religious law clerics have different views regarding money dealers with money lord in Islam, about dealing with money in selling and buying besides the profit which will be resulted from such operations. The Islamic law clerics clarified this subject based on their rules and fundamentals. This research concentrates on the same subject. It points out the money dealing contracts Islamic legal judgments which can not be legalized by the contractors based on honesty and in the other side the research need to issue sentences about the dispute between the money lord and the money dealer due to non dealing with this case. The researchers has included that the money owner has the right to specify the conditional profit unless if he determines otherwise. The money dealer has to implement what is agreed upon of the money transactions about the profit or not, regarding what he purchased as the claim for money dealing unless other evidences appear. The researcher has recommended to include the previous research results in the law records besides keeping them in the money dealing copy of the contracts and notes at the Jordanian Islamic Bank, either in terms or explanations to make it easier for the judges to refer to the Islamic law in this case in order not to be briefed as the Jordanian Civil Law Specifies.

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What this paper is about

Praise is to God, the Lord of the two worlds-peace and prayers is on our prophet, may peace be upon him and on his people and companions as well. The religious law clerics have different views regarding money dealers with money lord in Islam, about dealing with money in selling and buying besides the profit which will be resulted from such operations. The Islamic law clerics clarified this subject based on their rules and fundamentals. This research concentrates on the same subject. It points out the money dealing contracts Islamic legal judgments which can not be legalized by the contractors based on honesty and in the other side the research need to issue sentences about the dispute between the money lord and the money dealer due to non dealing with this case. The researchers has included that the money owner has the right to specify the conditional profit unless if he determines otherwise. The money dealer has to implement what is agreed upon of the money transactions about the profit or not, regarding what he purchased as the claim for money dealing unless other evidences appear. The researcher has recommended to include the previous research results in the law records besides keeping them in the money dealing copy of the contracts and notes at the Jordanian Islamic Bank, either in terms or explanations to make it easier for the judges to refer to the Islamic law in this case in order not to be briefed as the Jordanian Civil Law Specifies.

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Available abstract

Praise is to God, the Lord of the two worlds-peace and prayers is on our prophet, may peace be upon him and on his people and companions as well. The religious law clerics have different views regarding money dealers with money lord in Islam, about dealing with money in selling and buying besides the profit which will be resulted from such operations. The Islamic law clerics clarified this subject based on their rules and fundamentals. This research concentrates on the same subject. It points out the money dealing contracts Islamic legal judgments which can not be legalized by the contractors based on honesty and in the other side the research need to issue sentences about the dispute between the money lord and the money dealer due to non dealing with this case. The researchers has included that the money owner has the right to specify the conditional profit unless if he determines otherwise. The money dealer has to implement what is agreed upon of the money transactions about the profit or not, regarding what he purchased as the claim for money dealing unless other evidences appear. The researcher has recommended to include the previous research results in the law records besides keeping them in the money dealing copy of the contracts and notes at the Jordanian Islamic Bank, either in terms or explanations to make it easier for the judges to refer to the Islamic law in this case in order not to be briefed as the Jordanian Civil Law Specifies.

Key concepts: Praise, Honesty, Islam, Profit (economics), Order (exchange), Sharia, Negotiable instrument, Law

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