مسؤوليــة الشركاء في إدارة الشركات التجارية فـي الفقه الإسلامي والقانون الوضعي دراســة مقارنـــة د. صالح محمد حسين الضبياني

The study aimed to determine the responsibility of partners in the management of commercial companies In Islamic jurisprudence, In order to highlight aspects of agreement and disagreement among jurisprudential schools, and to determine the extent to whichh these are reflected In positive laws, through identifying the rights and duties of the partner in management, as well as the points of consensus and divergence in jurisprudence and law. The study also aimed to clarify the partners' right to oversee management activities, and to determine the rules that establish the rights of the company's creditors or the partners' creditors, each of whom has specific rulings under both Islamic Sharia and positive law. To achieve this, the study relied on the comparative analytical inductive approach. In addition, the study includeincludeed two sections: the first section was dedicated to explaining the duties and rights of the partner in management, while the second section addressed partners' oversight, and the rights of the managing partner and creditors. The study reached several findings, the most important of whichh are: 1. . Upon reviewing the responsibility of partners In managing commercial companies in Islam and positive laws, it became evident to us the extent of agreement and divergence in rules and provisions, and the extent of similarity and difference between the liability arising from company management in jurisprudence and in law. 2. . Through presenting the opinions of jurists, the study proved that partners, among themselves, act as overseers of one another, and that oversight is based on mutual trust and honesty. Meanwhile, legal commentators have enacted laws that ensure oversight of the company without thereby hindering the manager's work. 3. Through this research, It was found that the rules of IslamIc Sharia concerning the- responsibility of partners in company management can generally be applied to statutory companies, provided that any provisions that contradict Sharia In their detailed rulings are clarified. Keywords: Commercial companies, Islamic jurisprudence, Positive law, Partners' responsibility.

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