الهبة المستترة دراسة قانونية مقارنة بالفقه الاسلامي | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 13, Issue 1, March 2022, Pages 605-630 PDF (1.15 M) | ||
| Author | ||
| أ.م مالك جابر حميدي الخزاعي | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| One of the most prominent human behaviour is the gift contract, which is considered to be one of the most important acts in which property is transferred between persons and which may be intended for the face of God or for the talent to provide a service or a beautiful response to a person, the gift system has been known for a long time. The Islamic religion has confirmed this meaning. Modern laws have incorporated and regulated this system, the importance of the hidden gift is reflected in the importance of the gift contract itself, in this research, we have tried to answer some questions, including the attitude of Islamic jurisprudence to the hidden gift, the difference of the hidden gift from the exposed gift and the legal regime to which the hidden gift is subjected, what is the position of the legislation on this gift, in particular the Iraqi legislature, and what is the comparative position of the Iraqi judiciary on this subject, so we split this into three detectives, and in the first, we dealt with the hidden gift in general with three demands, the first request dealt with the concept of a hidden gift, the second with the legality of a hidden gift and the third with the terms of the gift, in the second topic, we addressed the conditions of the hidden gift in three demands as well, the first request dealt with distinguishing the hidden gift from the discharge, the second with distinguishing the gift from the hawala and the third with distinguishing the gift from the requirement in the interest of third parties. The third research dealt with the provisions and images of the hidden gift in three claims as well, the first with the substantive provisions of the hidden gift, the second with the proof of the gift and the third with the images with the gift, we concluded our search with a ring through which we reached some conclusions and proposals. | ||
| Keywords | ||
| Islamic Fiqh- discharge- hidden giveaway- titling; netting contract-gift contract- Right transfer | ||
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