الفهرس يوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
Declaring justice and balance in dealing with contracts is the major aim for any heavenly or man –made legislations , but the methods differ from one legislation to another according to the needs and the way of thinking of its subjects. These legislations differ in the way of stimulations and the call for achieving justice. They also differ in the way of punishment to prevent that from happening.
As Islamic law ( shari’a ) is revealed from Allah ( glory to him ) , its rules are the most potential ones to achieve equality and justice. This is what we are going to discuss during this research.
As it is a constitutional system , like other ones in the world defining the doer and the suitable punishment , Islamic law distinguishingly deals with social and individuals ’ problems in different way through reward and punishment in the afterlife. Therefore it is capable of solving all problems in the whole society.
Lesion is not a far away matter form this treatment in Islamic law (shari’a ) . worldly civil retribution of lesion when the alternatives are achieved for oppressed person has to recess. Hence fore there are afterlife retributions that prevent pious persons from oppressing contractor. This gives an evidence for the method of Stimulation and frightening in the afterlife, is not a far away matter in treating lesion as a social problem resulted from exchanging of utilizes between individuals in society.
The idea of lesion was and still a wide field for discussions and different points of view, because of its complex and sophisticated problems. It is developing continuously after the great progress that was witnessed through ages. The theory of lesion is a man-made one and still a fertile soil for forming and creating various theories with different names and forms.
The main problem of lesion is not only the disproportion between the two substituted but lesion is also the result of a contract that has its stable conditions including the free will of the contractors without faults which annul the contract such as compulsion, fault and cheating, therefore there is no safe place for the person who made lesion contracts as he has the free will when he made the contract, so he responsible for the result.
If we accept lesion and give it a value when there is a difference between exchanging tools touching justice and leads to malfunctions and social unrest ,it impossible to pass general law to judge the unbalance between money and utilities which leads to instability in dealings .
Defining lesion can be argued in many legislation dealings and extended to a lot of law fields even further than that .
the aim of the research and plan:
our research concentrates on how to reach a satisfied conclusion and clear answer for ” can we appeal against these contracts or not?”
in addition to the illustrations of the superiority of the Islamic law shari’a in dealing with this point.
so I can’t see a solution better than what the Islamic law shari’a comes with
this research is divided into three major chapters
in the first chapter I speak about the origin on lesion in the Islamic law ( shari’a ) and man -made law . in this chapter if deal with lesion according to Islamic legislation . I define lesion literarily , its types in contracts and types of alternatives which have some features with lesion like compulsions and fault . I also make a comparison between lesion and these alternatives
I explain in details some examples of lesion in some dealings . I speak about selling when two persons met during travelling , stimulation selling and continuous selling . I conclude this chapter with the matter of limited profit and its relation with lesion according to Islamic legislations
in chapter tow the research concentrates on the meaning of lesion in law I speak about the definition of lesion with authorized contracts or contracts which are on behalf and its development to the theory of exploitation
I handle condition of exploitation the civil Egyptian law in details . I make a balanced comparison between the personal theory and material one . I mention some applications of lesion in man -made law , I speak about lion share companies ,lesion in submission contracts and division agreement and authorized contracts .
in third chapter the research is about a general comparison between lesion in Islamic legislations and man - made legislations
chapter two as a pillar of the research speaks about accepting an appeal against lesion in probable contracts. I start it with a preface in which I define the meaning of the probable contract in the constitution then I follow it with chapter one in which I speak about the attitude of man - made constitutions towards accepting the appeal against probable contracts
as i illustrated in chapter one in the first research how to refuse the appeal and the reasons for that ,its factors and the direct
criticism to these factors and the role of the French judiciary towards this problem
in the second research I handle the annulment in establishing fairness between tools in probable contracts and the attitude of judiciary towards probable calculations and their dependence on probable constitutions to define the contract
I speak about different judiciary applications to annul probable contracts.
In the second chapter I handled retribution of annulment in establishing balance between tools in these contracts .
I speak about how to define a price and its validity and the conditions must be included in price and if there is no price. After that I handle some different judiciary applications for various retributions for lesion in probable contracts.