التعدي والتقصير في المعاملات المالية : دراسة موضوعية في ضوء القرآن الكريم والسنة المطهرة

Abstract

The main purpose of this study is to reveal the aspects of misconduct and negligence, in financial transactions, through the specification of their concept, and revealing the truth regarding some of the contemporary applications in light of the Holy Qur'an, the Prophetic Traditions (Sunnah), being the two main sources for the whole Muslim Ummah. The study began by defining misconduct, and negligence, their types, and rulings, in addition to the presentation of relevant examples from the two aforementioned sources. The methodology used in this study is inductive with regards to the verses of the Holy Qur'an that are relevant to the concepts of misconduct and negligence. The same methodology is used with regards to some of the relevant Prophetic narrations (Hadith). An analytical methodology is also used for the purpose of analysing the verses and Prophetic narrations connected or related to the issue under discussion. The researcher has introduced the concept of misconduct and negligence, the mechanism of their proof in detail, and the effect of misconduct and negligence, the effect of any exploitation of others' properties, including the punishments thereof, the methods of removing the transgression, and the exceptions for the responsibility attached thereto. The researcher also discussed in detail the rules of compensation, and matters related thereto. The study ended by revealing some of the effects of misconduct and negligence on the practical contemporary financial derivatives of al-mudharabah (joint-venture partnership) and al-wadi'ah (safedeposit), and the rules related thereto in light with the Qur'an and the Sunnah.