THE EFFECT OF THE DIVERSITY IN RELIGION ON THE DONATIONS IN ISLAMIC JURISPRUDENCE
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Date
2022-02-03
Authors
Arqoub, Yasser
Journal Title
Journal ISSN
Volume Title
Publisher
An-Najah National University
Abstract
This research aims to answer a main question relating with the jurisprudential impact of difference in religion on donations and its rules in Islamic jurisprudence, between Muslim and non-Muslim, and between non-Muslims themselves, in eight donations: the dead will, the charity of Waqf, the organs donation, the gift contract, the power of attorney contract, the deposit contract, the borrowing contract, and the loan contract. The research followed a descriptive and analytic approach represented in gathering Islam jurists views in the matter and their foundations, with analysis, discussion, criticism, and weighting. The research is characterized as a specialized study in an important matter in the Islamic jurisprudence of financial transactions, in particular donations, keeps track of the impact of differences in religion in its rules and provisions, as well as the contemporary dimensions of the subject. The search was divided into eight chapters dealt with jurisprudential impact of difference in religion on the eight aforementioned donations.
The research arrived at different findings, the most outstanding are: It is permissible to make a financial will between Muslim and non-Muslim, furthermore it is obligatory to do that in some cases of marital and blood relationships. It is permissible to make an organs donation between Muslim and non-Muslim. It is permissible to make the charity of Waqf from the non-Muslims, even if it is forbidden in his religion. It is not forbidden in the religious feasts of the non-Muslim to exchange gifts among Muslims and non-Muslims, especially if there is a farewell of a marital relationship, or close to, or kinship, or neighborhood, or friendship, or public interest, as a Muslim governor Communicates with the non-Muslims citizens. It is also permissible to exchange deposits, borrowings, and loans between Muslims and non-Muslims. With the exception of the apostate from any of these financial donations for him, without preventing him from making such donations for others.
Description
This research aims to answer a main question relating with the jurisprudential impact of difference in religion on donations and its rules in Islamic jurisprudence, between Muslim and non-Muslim, and between non-Muslims themselves, in eight donations: the dead will, the charity of Waqf, the organs donation, the gift contract, the power of attorney contract, the deposit contract, the borrowing contract, and the loan contract. The research followed a descriptive and analytic approach represented in gathering Islam jurists views in the matter and their foundations, with analysis, discussion, criticism, and weighting. The research is characterized as a specialized study in an important matter in the Islamic jurisprudence of financial transactions, in particular donations, keeps track of the impact of differences in religion in its rules and provisions, as well as the contemporary dimensions of the subject. The search was divided into eight chapters dealt with jurisprudential impact of difference in religion on the eight aforementioned donations.
The research arrived at different findings, the most outstanding are: It is permissible to make a financial will between Muslim and non-Muslim, furthermore it is obligatory to do that in some cases of marital and blood relationships. It is permissible to make an organs donation between Muslim and non-Muslim. It is permissible to make the charity of Waqf from the non-Muslims, even if it is forbidden in his religion. It is not forbidden in the religious feasts of the non-Muslim to exchange gifts among Muslims and non-Muslims, especially if there is a farewell of a marital relationship, or close to, or kinship, or neighborhood, or friendship, or public interest, as a Muslim governor Communicates with the non-Muslims citizens. It is also permissible to exchange deposits, borrowings, and loans between Muslims and non-Muslims. With the exception of the apostate from any of these financial donations for him, without preventing him from making such donations for others.
Keywords
difference in religion. Non-Muslim. Donations. Islamic jurisprudence. The dead will. Waqf. Organs donation، Gift contract. The power of attorney contract. Deposit contract. Borrowing contract. Loan contract.