Browsing by Author "معطالله, كريمة"

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    أحكام التصرف في الديون و نماذج من تطبيقاته المعاصرة
    (جامعة غرداية, 2024) معطالله, كريمة
    The main concern of this research was revealing the Shari’a rules for the types of dispositions in financial debts that have the face of offsetting, together with deriving the Shari’a controls governing them. In this respect, this research started with an original theoretical section in which the essence of debt and the Shari’a ruling on indebtedness were provided with full explanation, together with the presentation of the types of the dispositions contained in the debts, which have then been subject to studies through a jurisprudential comparative study by bringing into prominence the statements of advanced and contemporary jurists, the jurisprudential rules pertaining thereto and deriving the controls regulating the same. With regards to the practical section, it addressed a presentation of contemporary models of types of dispositions in the financial institutions’ debts, along with adapting the same and deriving their provisions in the light of the sayings and opinions of Jurists and the derived Shari’a controls. More to the point, one of the most important conclusions of this research, and the totality of its results, has shown to be that the officer of permissibility in the disposition of debt is the absence of uncertainty and usury in the disposition, together with the fulfilment of the purpose of Shari’a in the discharge of debts.
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    حكم التصرف في مال الزكاة الجزائري نموذجا
    (جامعة غرداية, 2022-11-11) معطالله, كريمة; مونة, عمر
    The research aims to reveal the legal ruling for lending from Zakat funds. Hence, researchers' views and perceptions regarding this issue were presented. In fact, two different opinions emerged: permissibility and prohibition. Based on what has been presented in this study, we conclude that the statement of prohibition is the closest to the pertinence. Indeed as it is based on legitimate texts, and preserves the role of Zakat in eliminating debts instead of their creation, and in being the guarantor of the lending process. Moreover, the presence of guarantee encourages people to provide good loans, so that drains the sources of usury with the existence of an alternative that replaces resorting to usurious loans. Zakat institutions should take the opinion of the ban in order to preserve the Zakat funds. They also have to organize this obligation by collecting them from the largest segment of the payers, and this needs to enhance people’s confidence In fact, adopting different behaviors makes them lose their credibility.