The rule [cutting a dispute is a duty as possible] Its legal basis and its jurisprudential impact on financial transactions

Main Article Content

Dr. Omar Mahmoud Hassan

Keywords

Disputes, gharar (uncertainty), ignorance, reconciliation, contract, leasing

Abstract

This research mainly focuses on the rule that reads: [cutting a dispute is a duty as possible], in terms of its legal basis and its jurisprudential impact on financial transactions. The rule is addressed through defining it, tracing the stages of its emergence in jurisprudence books, and researching its impact through examples of applied jurisprudential rules in financial transaction contracts, being the cause for dispute and litigation. The significance of this research lies in its relation to the principles of Islamic law that prevent disputes among people and maintain social peace. Another significance is its relation to financial transactions, which is a necessity for people. Therefore, disputes in such transactions lead to negative effects on individuals and society.

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