İslam hukuku ve Irak Ticaret Hukukunda ticaretle ilgili ilkeler (Karşılaştırmalı bir inceleme) / Controls for practicing trade in Islamic law and Iraqi commercial law: A comparative study

This thesis aims to study trade from both sides of jurisprudence and law and the conditions, duties, and etiquette related to them, as trade occupies an important part in people's lives, because it is the source of their livelihood, and for this reason, true Islam did not neglect this issue, but set rules and ethics for it that must be adhered to. The law contains a separate chapter devoted to commercial issues called "commercial law", which is completely separate from the civil law and other laws. The scope of the study is determined by the Iraqi law, and it focused on discussing the duties of the merchant in Islamic law and Iraqi law, its historical development, trade conditions, and researching the gaps in commercial law that are covered by Islamic jurisprudence, including: methods of dealing between merchants and people, and the merchants' commitment to professional ethics. To achieve the objectives of the study, the descriptive, inductive, and analytical approach was followed when collecting and analyzing information by referring to books of interpretation, jurisprudence, hadith, and Islamic economics in particular, and books of Iraqi law to clarify the issue, as well as analyzing information derived from jurisprudence and law that are related to the subject of the study. The results of the study are: That both the Islamic law and the Iraqi commercial law paid great attention to trade, and took into account the interests of society, and put in place for merchants the conditions and duties that are appropriate for their commercial work, and it was found that moral issues are an essential part of the concerns of jurisprudence, while the greatest interest in law revolves around formal procedures, and perhaps the reason is This is because these administrative procedures in Islam are considered among the matters in which the solution is originally permissible, except when those procedures go beyond taking into account the interest of people to harming them, in which case these procedures are prohibited in order to ward off harm. It notes the superiority of Islamic jurisprudence over the meticulous trade law of moral conditions and financial obligations towards people and the market. The Shari'a did not neglect what is in the interests of the people, such as the prohibition of fraud, hoarding, and so on. The Iraqi trade law was also characterized by positive advantages, such as regulating economic activity at home and abroad, defining the powers of the merchant and binding him to some conditions approved by the wise legislator. Commercial law - in general - adhered to the rules of Sharia, especially in sensitive matters such as eligibility and the age of majority, and the reason for this is that Sharia is an essential source of Iraqi commercial law.The study recommended the necessity of appending the law to the methods decided by the Islamic Sharia that regulate the trade process more than it is now.