شرکة الوجوه في ضوء الفقه الإسلامي والقانون المدني الأفغاني (دراسة مقارنة)

حليمي, عبدالقدیر; إيماني, محمد ابراهيم

مجلة آفاق للأبحاث السياسية والقانونية
Volume 5, Numéro 2, Pages 49-70
2022-11-24

شرکة الوجوه في ضوء الفقه الإسلامي والقانون المدني الأفغاني (دراسة مقارنة)

الكاتب : حليمي عبدالقدیر . إيماني محمد ابراهيم .

الملخص

Abstract: According to the types of corporate contributions, the jurists of different Islamic religions and Afghan civil law have divided them into these types of Al-Anan, Al-Mufavidwa, industries, and dignitaries. With regard to the definition of the rulings and the consequences of these companies, even in their validity and incorrectness, there are different opinions among the jurists of Islamic schools; Taking into the differing opinions of the jurists regarding the application of the law in the dignitaries of Company, the extent of the jurisprudential disputes about the dignitaries of company is more than the Industrial Company and Al-Anan. Among the most important evidence for those who believe in the validity of the company are the aspects of silent consensus, the principle of permissibility and the rule of validity. Islam is particularly concerned with livelihood and cooperation; on the other hand, those who support the inadmissibility of company of dignitaries have mentioned evidence such as the lack of unanimity, the impossibility of mixing in image and credit, and the absence of legal evidence for the validity of the company of dignitaries. In this article, by referring to the books of the different religion of jurisprudence, and using the descriptive and comparative approach, by analyzing the evidence for and against the validity of the Al-Wujooh Company, and in the end, emphasizing the answers given to the reasons for those who opponents and supporters of the company of dignitaries. This result was obtained despite the objection of some scholars of jurisprudence that there is no specific evidence for the invalidity of Al-Wujooh’s company and the society’s need for this company. The validity of this company also must be accepted by the Afghan Civil Code.