الفوائد القانونية في ضوء المعتقدات الدينية والمتطلبات الاقتصادية -دراسة تحليلية مقارنة في التشريع العراقي-

سامان فوزي, عمر; هـــونــه ر حمه رشيد, محمد

مجلة صوت القانون
Volume 3, Numéro 2, Pages 112-156
2016-10-15

الفوائد القانونية في ضوء المعتقدات الدينية والمتطلبات الاقتصادية -دراسة تحليلية مقارنة في التشريع العراقي-

الكاتب : سامان فوزي عمر . هـــونــه ر حمه رشيد محمد .

الملخص

The current research as(The legal interests between religious thoughts and economic requirements)deals with a very complex and sensitive subject ,not in our time and country only ,but in almost all courses of the history and the countries as well .this could be explained by the fact that unless this subject is well-regulated by the law, the human greed and selfishness will inevitably lead to the needy man being badly exploited by the superior others who adhere to the” interests” so most ancient jurisprudence and religious thoughts had regulated the subject of “interests” once by the specification of the interests and once by strictly forbidding it. However and under the pressure of the new economic realistic needs and requirements, the most laws of world countries, including the Islamic states, the constitution of which stipulates that no anti-Islamic legislation could be passed and issued-have adapted the interest, allowing the dealers to ask for it, but through its regulation by or irreversible ordering rules .so, our topic is important as it deals with the” interest” in Iraqi civil law which was first issued before more than 65 years , in association with the commercial laws, comparing them with each others on one side, and to the laws of countries other than Iraq, this is performed so that we can see how far the interest regulating harmonious and compatible with the economic requirements bearing in mind the new opinions and thoughts regarding the interests and their validity, as it achieve the aims of law, equity and the use of society.