الحيل الشرعية وأثرها على عقد تمويل المضاربة

This study aims to discuss the issue of Islamic legal tricks and their impact on financing the muḍarabah contract by discussing the guarantee of the muḍarabah capital. The study adopts the inductive comparative analytical approach. It lists the scholars' different maẓahib (schools of thought), sayings and texts about this issue. Then, the study presents a legal trick that conforms to the spirit of the Sharia (the Islamic law) and does not contradict it, based upon the sayings of senior scholars through adopting the (deductive) approach. The study tries to address a major issue, which is how it is permissible to include the muḍarabah capital in a legitimate way in accordance with the sayings of some scholars and without deviating from them altogether and without introducing a third saying on the issue. The researcher begins by defining both the tricks and the muḍarabah in language and convention, then the ruling of takhmin (speculation). In addition, the researcher gives a special focus on the guarantee of the speculative capital and the fuqaha's (the Muslim jurists') opinions of the ruling of its guaranteeing condition. The hand of the muḍarib (The entrepreneur or investment manager) is a hand of trust that is not guaranteed except in cases of transgression and negligence. It is not correct to stipulate the capital guarantee on the muḍarib, and this condition contradicts the requirements of the contract according to the four maẓahib. This is one of the most successful methods of reassuring money-holders.