Maintenance Allowances Contract in Islamic Law: Its Concept and Fiqh Rulings “Fiqh Study compared to Jordan’s Civil Law”

Abstract

This research has been designed to comparatively contextualize the issue of sale of the maintenance allowances contact by making meaningful comparison with Jordan’s civil law. Thus, one of the aims of this study is to define the concept of sale of the maintenance allowances and put contractual practices into Fiqh context as well as clarifying Fiqh rulings regarding maintenance allowances contact. This is required that discussing legal conditions of sale of the maintenance allowances contact that should be applied as well as Sharia restrictions that must be observed during the process of contracting the sale of maintenance allowances. The study has come to the conclusions that the sale of maintenance allowances is considered as innovative sale that is required by our contemporary lifestyle. Such this sale can be Included under unfinished or suspended contract contracts that is not take legal effect. The sale of the maintenance is very close the contract of donation under the financial or compensational condition. However, this legal contract of the sale of maintenance allowances should fulfil a number of legal conditions to be accepted under Islamic law.