الفهرس 
خطه البحثيوجد فقط 14 صفحة متاحة للعرض العام
 |  | from | 504 |  |  |
| | | from | 504 | | |
المستخلص
whereas the exchange contract is the sale of prices with each other according to the prevailing opinion and it is meant only to have the increase and excess without benefiting from the same substitute in most cases. Also, usury is connected with the increase and excess . in other words ,the exchange contract is the one of sale contracts nearest to usury . therefore, the divine legislator has stipulated conditions not stipulated as for the other sale contracts to allow for this contract and to distinguish it from usury as well as preventing the people its prohibitions . as Allah said “those who have believed be pious to Allah and avoid usury if you are believers” . these conditions are represented by that :
1.It is mandatory to receive the two substitutes while contracting before leaving physically .
2.The exchange contract must be conclusive or free from the condition option .
3.The exchange contract must be free from stipulating the term (it must be immediate).
4.The sameness of the amount when they have the same type.
As for the provision on the prevailing coins :
After showing the opinions and evidence of scholars and discussing this evidence, its clear to me that saying that the prevailing coins have aprice and it is usury related money is the prevailing opinion because having aprice is proved by the terminology and what applies to the prevailing coins because they are considered to be terminologically prices applies to gold and silver .
whereas the prevailing opinion is the opinion of the second doctrine stating that coins have prices and they are like the two banknotes .therefore, this requires what follows:
1.The stipulation of subrogation and receiving the two substitutes before leaving like the two banknotes it isn’t sufficient to receive one of the two substitutes. otherwise, the contract is void .
2.It is stipulated that there is no condition option in the contract to either party.
3.It is stipulated that there is no term in this contract .but in case thay stipulated the term then they receice from each other before leaving this contract is valid because of extinguishing the term .
4.Scholars agreed that it is permitted to deal in the prevailing coins and they aren’t designated by designation as for Mohamed bin el Hassan from el Hanafiah unlike abi Hanifa and abi Youssef. But as fore the unsolvable coins ,they must be designated because they become offers not prices.