The Investment Contract In Islamic Law

Abstract

The aim of the current study is to give the reader a comprehensive perception of the security contract in terms of its legitimacy pillars conditions types and provisions.  It was attempted to discover the attitudes of scholars on this issue by presenting their trends and evidences with comparison and weighting. Qualitative approach was considered to reach this goal. First explained secondly the sharia texts and how scholars infer from the texts about the subject. Therefore the importance of this research comes as an attempt to clarify these rulings in Islamic sharia and the controls set by the Al-hakim lawgiver with applications to some contemporary standards the most important results obtained through this investigation are that Islamic jurisprudence has solid scientific foundation that can codify international relations. It benefits from the rules and rulings issued by international rulings. Then presents them to sharia law and adds to them what is consistent with the spirit of Islamic legislation. Such as wideness justice and forgiveness. Safety is a contract that indicates abandonment of fighting with warriors. If any of the enemy combatants asks for safety and it is accepted it is safe and it is not permissible to attack it in any way. Just as the imam provides security for an unspecified group, Individual Muslims are able to secure a limited number of fighters. And the contract of security from the side of the trustworthy is a non-binding contract but from the side of the Muslim believer, it is binding, according to the more correct opinion, and this contract results in effects, the most important of which are the rights of the person entrusted over the people of Dar al-Islam, such that some of them relate to the Islamic government and some of them are entrusted to the individuals in society, as well as the aspect related to Muslims and the Islamic state.