الحرب التجارية وأثرها على الاقتصاد دراسة فقهية مقارنة | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 8, Volume 8, Issue 4, December 2022, Pages 557-651 PDF (1.16 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.272229 | ||
| Author | ||
| إبراهيم عبد الهادي عبد الستار محمد | ||
| دكتوراه في الفقه المقارن من كلية الشريعة والقانون بالقاهرة – جامعة الأزهر | ||
| Abstract | ||
| Research Summary The topic of the research deals with the jurisprudential rulings related to the trade war and its impact on the economy, and this war takes many forms and forms that are not satisfied with what is known today as the increase in customs tax on imports, but rather go beyond it in all its forms, whether it is an armed trade war, or an economic war only, or it was protectionist measures For the economy of the state, as Islamic jurisprudence, in its comprehensiveness, flexibility, and validity for every time and place, deals with modern developments in all aspects of life, such as acts of worship or transactions, by setting a set of controls and foundations that control commercial and economic activity, and protect it from factors of collapse and facing dangers. It dealt with the concept of commercial war, its motives, and the position of Islamic jurisprudence on the commercial war in terms of clarifying the principle of reciprocity in the commercial war, the impact of the trade war on peace and war on trade, considering the interest in dropping or reducing the customs tax, and stating that the Arab and Islamic market is Originally, a single market would not be involved in the trade war. Because it is an integrated market similar to the one-state market, and it also dealt with in the subject of the research the controls set by the Islamic law for the entry of trade into the countries of Islam from the necessity of entering goods imported from abroad with a license from the competent authority, so that these imports are not a war for the state’s trade, and the export and import of what may be harmful to the state, such as weapons and others, and the extent of the impact of the state of necessity on foreign trade, such as opening the market in the event of drought and drought, or bidding farewell to enemies with the money of trade; Due to the weakness of confronting them, it also dealt with the subject of the research on the protection of industrial and commercial establishments and those in charge of them from any aggression that falls on them. | ||
| Keywords | ||
| Keywords: trade war; tithing; reciprocity; commercial activity; tax | ||
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