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مساهمة رقم 1

المال انجليزي

من طرف حسين العنوز 28/12/2010, 6:57 pm

Money
The definition of money in the language is all property acquired and the rights already possessed, whether in kind or benefit, Kzhb or silver, or plant or benefits thing Kalrkub and confusion and housing, but not possessed by the human can not be called money bird in the air and fish in the water.
The definition of money in the terminology of scholars
The first trend: the faucet
Money: What is true of all legally owned Ciau all that can be made and the possession of and benefit from it normally. If the availability of two components:
1. - The possibility of tenure and attainment: it is money that could not be acquired intangible Kalamur such as science and health.
2. - The possibility of the use of the usual: just can not use at all, things like the dead, and poisoned food or corrupt, or benefit from it Antvaa not usually reliable when people, drops of water, is not money.
It must be the money earned by wife
Second trend: The majority of scholars
1. - Be a thing of value among the people: This value must be established on the security of the damage he caused, whether few or many.
2. - Be a thing of value between people: this value prove Bugean: I would thing has permitted street-wise use in case of capacity and choice, animals, real estate, but if the street-wise has been denied use of web security to the damage he caused, whether few or many .
3. - That the thing has permitted the use of street-wise in case of capacity and choice, animals, real estate, but if the street-wise has been denied the use of tags such as alcohol and pork, it is not dead money.
The result of the dispute between the two
1. - For the benefits, the benefits are not considered to tap money, because it is not possible to acquire the utility, because it is something significant can not imagine placing the hand upon independence.
While the public believes that the benefits of the money; benefits are based on the calendar in the funds Kskny house and the car's ride. It is grabbing something and then EXTENDED benefited by his response to the owner saw it on the public jurists to ensure the value of utility, and the opinion of the tap is no guarantee it, but they excluded certain cases where they say security, namely:
1. To be thrown into our consciousness at a standstill.
2. That the seized property be owned by an orphan.
3. To be thrown into something ready for use as a drug intended for rent.
4. Alcohol and pork: According to the Hanafi they money, because they are making deals in which non-Muslims are either Gmehoralvgahae argue that they were not money for both Muslim or otherwise, to the non-disclosure of Islam use them, and non-Muslims in the State of Islam, the same ruling as the Muslims have their own money and it is them.
Money law
The right to a financial value, whatever that truth, whether it personal or in-kind or a right literary, artistic or industrial ..
Sections money
First sections of the money, according to security and whether or not
Money Almottagom:
Is money that has a value in the eyes of Islamic law. And value in the eyes of Islamic Sharia realized two things:
1. That the Muslim street has permitted use of money in the case of capacity and choice, ie, in normal circumstances, such as real estate and personal property except that which was forbidden them.
2. Actual possession, so that is money that has allowed street-wise use of it under the hand of the holder of fact, fish also in the water is permissible to use it religiously, but as long as water is not money Mottagoma for not having, if caught by humans and acquired it already considered the money Mottagoma.
Money is not Almottagom:
Is money that has no value in the eyes of Islamic law. Which did not see already, or space, but the campus street use, such as minerals in the ground, and Asamkvy water, also includes money into already, but the campus street use in case of capacity and choice, such as alcohol and pork for a Muslim, but if necessary, if severe hunger in humans, or it Attcikhcy loss. As for the non-Muslim dhimmi, the alcohol and pork are considered money Mottagoma at the tap.
The view of most scholars is the tap, they are not considered money in the right Mottagoma Ahl, because they are commanded to be their transactions according to transaction Muslims.
The results of the division of money to Mottagom and non Mottagom:
First: Health contracted and whether or not:
Almottagom true that the money shall be subject to all contracts, such as selling, leasing and gift the money is not valid Almottagom contracted with some of those contracts, if a Muslim that sold wine, sale was void, even if sold from a dhimmi dhimmi sale was true.
Second: Security at the damage:
If money Mottagoma and assaulted by someone Votfah, then he must guarantee to its owner? Like that was gay and value if value unto. If the money is not Mottagom it was threatened not required to ensure that damaged and destroyed, and if the person with wine or a pig of a Muslim is not obliged to ensure.
Position of positive law and the lack of due meet later today:
Valtqom: What was of value between people. And not due meet later today: It is out of stuff to deal nature or by law.
There are two types of things does not fit one of them to be subject to human law.
The first type:
Handle things beyond nature, does not accept the monopolization possess air and sea and sun? However, if these things separated from their origin could be achieved becomes capable of being the subject of the right, such as air-ROM.
The second type:
Things emerging from dealing by virtue of law, things which I consider the law can not be achieved and transactions, Kelmkhaddrat and war materials? And all the things that are contrary to public order and morality such as the trade of slaves.
Sections where the money from the stability and instability
Real estate and movable
The first trend
That the drug: It is hard is what can be transferred and converted from one place to another, whether you stay the whole image and the first changed or whose sura and the whole transport and conversion. And on the basis of the above: the construction and planting the trees, and on the ground, is not a drug at the faucet, and with them only according to the land.
The second trend
The view of Maalikis
Real Estate: What is a fixed asset can not be moved and converted from one place to another with the survival of the whole and form, deals with the land and building and planting.
And transferee: What could be transferred and converted from one place to another with the survival of the whole and form, such as cars, books, and so on of all his autonomy. It is understood from this: that Maalikis have expanded the concept of property more than others.
Position of the positive law that:
Law Section of money too of real estate transferred: The division soon as he went boiled Maalikis, where he was building and planting drugs, not only this but more expansion and enter in the concept of movable property allocated to serve the property, exploitation, and called it the Real Estate allocation.
The implications of the division of property and money to the transferee:
1. Right of first refusal: It is a real estate ownership Sales oppress and Jabra for the buyer and the seller.
The right of first refusal can only be done in real estate, does not demonstrate in the transferee, but in Consequence of the property.
1. Easements: a Hakelmejry, drinking and tear and traffic, of these rights but do not prove the drug. As well as neighboring rights.
2. Stay: This is a human thing to push out of his king to the rule of God with giving Barbah.
The scholars authorized for the possibility of stopping the drug, but went more Almnol Admjoaz tap to stop the transferee, but in Consequence of the property, or has been the custom to stop him as discontinuation of the Koran and books. The majority of scholars to the transferee may be halted at all, they have no difference between the cessation of the drug and stop the transferee.
1. Guardian acting on the wealth of minor: This act varies depending on whether the money or property is transferred, if the drug is not permissible for him to dispose of it, and the transferee, he may dispose of it when it is deemed in the interest of the minor without the need to Gzn probate court authority.
2. The sale of the debtor's assets interdicted by Religion: The majority of scholars is permissible to stone on the debtor if his debt funds, starting first sale transferred, the price did not go to the drug.
3. The disposal of the buyer before taking possession of Sales: vary depending on whether sales or property is transferred.
If true, Sales properties to dispose of it before taking possession at the Abu Hanifa and Shafie goes against them, or the transferee is not permissible to dispose of it before taking possession.
1. Irregularity: Do not imagine grabbing property at the Abu Hanifa.
The text of the Civil Code, some other effects such as:
1. Subject to real estate to conduct certain actions per month for this estate, where the text of that property and other rights in rem does not move unless taken into account the provisions outlined in the law on notary public, and the ownership transferred by traveling once delivered to the buyer.
2. Possession is transferred in bond to the holder, the claim of the right of it and the presumption of the availability of the right of possession of reason, while it is otherwise in the estate, where the holder is always the burden of proving why the right to possession.
3. Determined by the domestic jurisdiction of the court in cases of real estate property located in her district, while the domestic jurisdiction in cases of personal property is actually the court in her home of the defendant.
Division of money as similar Ahadh
First: the best money
Is such money or for the market is uneven in parts.
Homeopathy and funds four types are:
1 - Almiklat: It is estimated at double the money? Kalpr barley.
2 - Almozhunat: the money, estimated by weight, such as gold and silver.
3 - Almtdat: the estimated number of funds, eggs, oranges and lemons.
4 - Aldhiraiat: the funds measured Farmer, Kaloqmcp and carpets.
II: Money Values
Is Ahadh vary vary significantly, or do not vary but are unmatched in the area of trade such as real estate land and animals of all kinds, and precious stones, diamonds, rubies, and books, if carried out, and ancient monuments.
Money transfer to my values and vice versa:
The best money could turn to my values:
1 - Mixing the best other than sex: mixing mainland barley.
2 - Exposure to risk: If money was the best risk like wildfire.
3 - Altaib and use: If you criticize the best money or used, the value unto as if pouring water in a food Vovsdp.
4 - drop from the market: if you lost a best value unto markets turned.
The implications of the division of the money to the optimal and value:
1 - Warranty: If the abused person on the property of another Votfah, the money was gay, they should be like, as long as exists in the market, but if the cut goes from the hands of people Vtjb value for the lack of response goes, But if the money value unto, an animal, and pots formulated, it must value infringement on him because he did not like it.
2 - constancy of ownership: it is true that we have relates to disclosure, you obligated to pay off his debt from any funds similar to those committed by sex recipe. If value unto money, it does not accept the constancy of ownership, but not like a particular prove it.
3 - division: division Jabra intervention in the money the best joint, and each partner to take its share in the absence of another without his permission, and the value system, it enters the division arrest.
4 - Interest: The money value is not already being riba is haraam, and so many of us may be given in exchange for a little sex, a sheep be pleased with the sale. The funds being gay masturbation where no man's land, which requires equal Alawwadin assortative mating in the quantity and amount, it may be sold Bakntar quintals of wheat and a quarter, for example, sales for the inclusion of the so-called Barba credit.
Sections according to the survival of the same money or non-survival
1 - Consumer Finance:
Is the one who can not use it normally consume only the same, such as the foods and beverages.
2 - Money Alastamaly:
What can be used normally with the survival of his eye, eg property and clothes and livestock.
The implications of this fragmentation:
1 - Consumer Finance:
Is the one who can not use normally consume only the same, such as the foods and beverages.
2 - Money Alastamaly: is what we can use it usually stay the same? As real estate, clothing and livestock.
The implications of this division:
1 - in terms of their money to certain rights and contracts, and their in Islamic jurisprudence. Money Consumer: I do not accept that the contracts are subject to use without consumption leasing. The funds-use: do not accept the contract, which only purpose of consumption without the use of Kalkarz.
2 - do not respond in kind to some of the rights of the consumable law right of easement, access and use.
Departments of Finance, according to owner
1 - your money:
Is entered in the King singles, whether the owner and one or more than one. It is not common ownership among the general public and is open to them.
2 - Money-General:
Is money in the possession of others within the individuals, but is subject to the public interest, such as schools, universities and hospitals.
Public funds are found to vary into three types:
1 - What is a dedicated itself to the public interests and benefits of religion, such as mosques and cemeteries, and roads.
2 - What is intended for use for the public to revive their resources and yields, which is known as state property.
3 - Money in generality on the one hand it was owned by a public body. With that in itself is ready for circulation, Kglat endowments belonging to the charity suspended them.
The implications of this division:
1 - in terms of interchangeability and inalienability.
If money was a special Jazz owner to dispose of all annua behavior from the sale, hire and gift, but if the money years may not be disposed of individuals, it was reserved for the public benefit, and ownership common to all individuals.
2 - in terms of giving up ownership of money:
If money is special to the owner that the donation to others, and that the City discharged him, and donated as he wishes, but if the money years ago, it is not permissible for the imam or his deputy be discharged and no one give him for one.
3 - in terms of limitation:
Money for the acquisition of a direct effect on the hearing if the money was a special, The scholars differed in the duration of tenure, it is when you tap fifteen years. If the money does not affect year-tenure-hearing no matter how long its duration, is not transmitted to the holder ownership at all.
Sections money as being ready for investment or not
1 - money developing:
Is prepared to invest money, whether by nature or human Bakal, such as gold and silver. The trade goods are intended for investment of human-induced.
2 - Money is developing:
Is the money intended for non-investment, and that Khajat rights of food, clothing, housing and so on.
The implications of this division:
Zakat: they must be developing in the money, without money but the developing world.