Guarantee And Transfer In Comparative Jurisprudence With Introduction To Controversy And Its Reasons

A book published in 1395 AH - 1975 AD, located on (260) pages.*

The sheikh says about this book:

This book includes two parts

The First Part: The Dispute In Islamic Law

And it dealt with the definition of jurisprudence, and comparative jurisprudence, and the reasons for the difference in general, and the difference of jurists in particular, and our position on this difference, and made this introduction in successive chapters.

Chapter One: In the definition of jurisprudence and comparative jurisprudence.

Chapter Two: On the Possibility of Difference Between Humans.

Chapter Three: On the Types of Difference and the Different, and it contains three topics:

         -   The blameworthy difference

        - The difference is praised

        - Permissible difference

Chapter Four: Causes of the blameworthy difference.

Chapter Five: The Acceptable and Acceptable Difference, and it includes four sections and four branches.

Chapter Six: Our position on the difference and the divergent.

The Second Part: Guarantee And Hawala Is A Comparative Study Of The Different Islamic Schools.

And in it the study of the two subjects of bail and hawala is a comparative study of the different Islamic schools, with reference to the Iraqi civil law in the research of these two subjects, in two chapters, the first chapter on the subject of bail, and the second chapter on the subject of the transfer, as follows:

Section One: Guarantee (Bail)

The First Chapter: It contains the legality of bail and the wisdom of its legality, and its definition of the jurists and the most correct of these definitions, along with a discussion of the evidence of each of them.

Chapter Two: It contains three topics:

   The first topic, entitled: Bail Pillar.

   The second topic is entitled: Formula of bail.

   The third topic on the types of bail.

Chapter Three: It contains four topics:

   The first topic: The conditions of the sponsor.

   The second topic: Conditions for the sponsored person (about him)

   The third topic: Conditions for the sponsored person (for him)

   The fourth topic: Conditions for the guaranteed person (with it)

Chapter Four:  Provisions for bail, which includes (withdrawal from bail, claim right, method of claim, debt settlement with death, multiple guarantors, payment of the guarantor to nullify the debt, subject of payment, restricted bail, provisions of self-bail ...)

Chapter Five:  End of Bail

Chapter Six:  The sponsor's recourse to the sponsored person

Section Two: Transfer (Hawala)

And it has six chapters

   Chapter One: On the definition, legality, and corner of hawala.

   Chapter Two: Conditions and Types of Transfer.

Chapter Three: Types of Transfer (Restricted Transfer, Transfer, Absolute Transfer, Ambiguous Transfer, Unambiguous Transfer, Required Transfer, Permissible Transfer, Corrupt Transfer).

   Chapter Four: Termination of Transfer.

Chapter Five: The Right of Recourse in the Transfer It includes two topics:

     Topic one: Assignee's return to the assignor

     The second topic: Return of the transferee to the transferor

Chapter Six: Hawala in civil law.

  I ask God Almighty to help me to serve his Islamic law and to benefit people with the meanings, regulations and provisions I offer.