أحكام تأجير العين لمن باعها في صكوك الإجارة دراسة تحليلية نقدية في ضوء مقاصد الشريعة

Abstract

                                     Abstract

The issue of leasing the property of those who sell it is among the most significant issues that was raised in the rental instrument and is still being discussed currently. This is so because the instruments for leasing that includes another repeated rental procedure are like deeds with interest that the instruments of rental try to replace as a legitimate alternative. The substitute and the original in this case are of the same format. This prompts a study to look into the extent of compliance of its structure with the purposes of the Shari’ah in many of its forms. Through this study the purposeful view of the Shari’ah will emerge to help avoid from the suspicions of violating the Shari’a prohibitions that come with this issue. It would also help to reshape its structure and format that will comply with the Shari’ah in the fied of Mu’amalāt and fulfill the demands of the masses.

Keywords: Instruments of leasing, maqasid al-shariʽah, the leasing of sold property, leasing concluded with possession.