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Suspicions Of Those Who Permit The Issue Of Investment Certificates An Exposition And Discussionشبه المبيحين لشهادات الاستثمار, Professor Mahamod Ahmed Abu Leil

UAEU Law Journal

The study deals with the suspicion s relied upon by those who admit the issue of investment certificates. The suspicions are: I - Plea of interest: an argument which cannot be accepted because the interest is considered to be a plea only if we are short of a text, while usury is prohibited by conclusive texts. 2 - Plea of prevailing custom: a weak argument too because a reck­oned custom is that which has been prevailing at the time of the descent of The Qur'an . A contingent custom at variance with a le­gal text cannot be relied upon. 3 …

Contracting With Self Under The Agency's Investment Product: A Comparative And Applied Study Based On The Kuwaiti Law, Ali Ibrahim Al-Rashed

UAEU Law Journal

The investment product, with the right to contract with one’s self, is considered one of many products that spread amongst the Islamic financial institutions. In the past, this subject was a matter of controversy between scholars. Nevertheless contemporary jurists do not contest the legality of the product. The study addresses this issue with in-depth research and details in terms of legitimacy and with what was observed by the Kuwaiti Law. The study consists of the following sections:

Section I: the rule of contracting with self from the sharia perspective.

Section II: the rule of contracting with self from the legal …