أثر الردة على شركات العقود دراسة فقهية مقارنة بالقانون المدني الأردني
Year : 2022-12-08
Faculty : Law
Author : محمود احمد الرماضنه / محمود سند مشاتـل المسلم /
Abstarct :
his study worked to clarify the main concepts related to its subject, to identify the issue and to clarify the difference in it, and to mention the most correct opinion in it. With regard to issues related to companies and the extent to which they are affected by apostasy, I mention after detailing the issue of the position of the Jordanian civil law on it. Then, at the end of the study, a balance was held between Islamic jurisprudence and Jordanian civil law, and the study concluded with the results, which are as follows: This issue is dealt with from two aspects; Religion and judiciary, and they have been separated in our contemporary reality, as the separation between religion and life is the result of the rule of man-made laws. It is from a legal point of view that apostasy affects contract companies in Islamic jurisprudence, nullifying them or suspending them at a minimum, and this is not in the law, and therefore the company should not remain based on its usual status in the event of one of the partners apostasy. The covenant in this matter is on the Muslim partner, that the company contract is annulled due to the partner’s apostasy in the application of the rule of God Almighty, and this requires filing a lawsuit to dissolve the company, citing a legal reason that enables him to do so, and this is the judicial aspect of the issue. We have seen that the law did not consider apostasy as a reason affecting the validity and permissibility of the company, and for this reason, the lawsuit regarding the company’s dissolution is not heard.
Year : 2022-12-08
Faculty : Law
Author : محمود احمد الرماضنه / محمود سند مشاتـل المسلم /
Abstarct :
his study worked to clarify the main concepts related to its subject, to identify the issue and to clarify the difference in it, and to mention the most correct opinion in it. With regard to issues related to companies and the extent to which they are affected by apostasy, I mention after detailing the issue of the position of the Jordanian civil law on it. Then, at the end of the study, a balance was held between Islamic jurisprudence and Jordanian civil law, and the study concluded with the results, which are as follows: This issue is dealt with from two aspects; Religion and judiciary, and they have been separated in our contemporary reality, as the separation between religion and life is the result of the rule of man-made laws. It is from a legal point of view that apostasy affects contract companies in Islamic jurisprudence, nullifying them or suspending them at a minimum, and this is not in the law, and therefore the company should not remain based on its usual status in the event of one of the partners apostasy. The covenant in this matter is on the Muslim partner, that the company contract is annulled due to the partner’s apostasy in the application of the rule of God Almighty, and this requires filing a lawsuit to dissolve the company, citing a legal reason that enables him to do so, and this is the judicial aspect of the issue. We have seen that the law did not consider apostasy as a reason affecting the validity and permissibility of the company, and for this reason, the lawsuit regarding the company’s dissolution is not heard.