عقد السلم

دراسة مقارنة

Abstract

The Islamic consists have talked about Loan Contract which has been
known since many years. They have explained definition, rules and legal
proofs of it. while the Iraqi civil law hasn't organized this contract, despite
dealing with it, without explaining what they deal with is loan Contract,
Whereas the Jordanian civil law has organized the rules of the Loan
Contract in article 532 as an application of the contract of sale. This research
consists of two chapters: the first is divided into three dements. The first
chapter discusses what the Loan Contract is and distinguishes it forms the
artificial contract. The first demand is divided into two branches. The first
talks about the linguistic definition of the loan contract and the canon of ALHanafi and AL-Maleki. The second branch talks about the definition of Loan Contract in the law. The second demand includs the legal proofs and
possibility of Loan contract in the Holy Qura’n and Suna. The third demand
includs the elements of Loan contract and divided into two branches. The
first branch talks about elements of the Loan Contract in canon. The second
branch talks about elements in law. Finally, the second chapter talked about
the effects of the Loan Contract between the seller and buyer. This chapter
divided into three demands: the first demand talks about the rights and
obligations between the seller and the buyer in canon. The second demand
talks about the rights and obligation of them in law. The third demand
includs application of the Loan Contract.