مقاصد عقود التبرعات دراسة مقاصدية مقارنة بالقانون الكويتي
Year: 2024
Type: article
Abstract: Every section of Islamic Sharia has its own distinct legal objectives, which vary according to the nature of these sections.For instance, there are specific objectives associated with family law, financial transactions, and charitable donations, among others.These specific objectives assist in upholding the overall purpose without impeding it.At times, it is permissible to suspend these specific objectives if doing so would hinder one of the general objectives or prevent its fulfillment.This study addresses the objectives of donation contracts in Islamic jurisprudence and their implementation in Kuwaiti law.It identifies the Sharia objectives for donation contracts, then highlights the objectives related to individual donors; these include: the objective to expand in making donations and the mechanisms for their establishment, the objective to increase the volume of donations, the objective to ensure donor satisfaction, the objective to worship Allah and seek closeness to Him, and the objective to refine and purify the soul.Subsequently, it discusses the objectives related to society; these are: the objective of social solidarity and fostering brotherhood, the objective of ensuring the circulation of wealth, the objective of supporting the welfare of the Muslim community's vulnerable members and alleviating their burdens, and ensuring that donations do not become a means to squander others' wealth.Finally, the study examines how Kuwaiti law considers the Sharia objectives in donation contracts and the extent to which it codifies these objectives to maintain social stability and cohesion.
Author: حسين علي جاسم الخنفر
Language: Arabic
Subfield: Accounting
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4396751222