Sur al-Musharakah al-Mutanaqisah fi al-‘Uqud al-Murakkabah wa Tafsirat al-Fiqhiyyah Laha [Pictures of Musharakah Mutanaqisah in Complex Financial Contracts and Jurisprudence Interpretations]

Abstract

Musyarakah Mutanaqisah is generally an agreement between two or more parties on the basis of their participation in known capital, provided that the return between them is according to the agreement and the loss according to the capital with the commitment of one of them to transfer its share to the other party, under special conditions of contracts, which is a contract consisting of several contracts linked to each other in more The images, and that the nature of this contract is based on an overlap between a group of contracts that take each other's necks, and complex contracts have effects, so that all other obligations of those contracts combined or opposite, and all the rights and obligations arising from them in one sentence that does not accept separation and fragmentation, are the effects of a single contract, Building On this problem, this research aims to analyze the forms of installation in financial contracts, and to investigate the most likely jurisprudential interpretations of diminishing participation images in the case of contracts being installed therein. In order to reach the desired results, this research followed the method of description and analysis. In the description method, the scientific material is collected from its manifestations and classified according to the research requirement. In the analytical method, the research analyzed the scientific material and discussed it in a way that suits the place. In a pledge of allegiance and two deals in a deal, it applies to the sale of the sample, and that the prohibition of the Prophet, peace and blessings be upon him, on "two deals in one deal" does not apply to the diminishing participation, and that the diminishing participation does not take place from them except by stipulating a contract in a contract. When that is necessary, it is permissible to install in the financial contracts in principle.