قواعد الضمان في الفقه الإسلامي، وتطبيقاتها الفقهية والمعاصرة

Abstract

Abstract:

The research deals with the jurisprudential rules that govern the guarantee in Islamic jurisprudence due to their prominent role in understanding this term and how to apply it. The research aims to clarify these rules and methods of implementing them in contemporary contexts, which enhances the legal and legitimate understanding of these issues and contributes to achieving justice. The importance of the subject lies in the contribution of these rules in determining who is responsible for damages arising from individuals, which helps preserve the rights of others. The researchers followed the analytical inductive approach in dealing with this by extrapolating the rules of guarantee from their sources, then analyzing and explaining them, while linking them to our contemporary reality. The research reached a number of results, the most prominent of which are: that financial guarantee is governed by several jurisprudential rules, some of which relate to directly carrying out the act and causing it, and some of which are general rules in this field, and that the jurisprudential rules related to financial guarantee are related to many contemporary applications in various fields, including: environmental, legal, medical, and Islamic banking aspects.