الأمانة في العقود المالية وجريمة خيانتها بين الفقه والقضاء المصري الإجارة والوديعة نموذجا

Amanah (Trust) in Financial Contracts and the Crime of Deceit in Islamic and Egyptian Law: Lease and Deposit as Specimen

Abstract

This study deals with the concept of amanah (trust) in Islam as one of the salient features of Islamic ethical legal system. The amanah does not exclusively personify spiritual dimension, but it also has a practical real dimension especially in transactions such as lease and deposit contracts. The research applied inductive method to illustrate the spectrum of meanings and classifications of amanah expressed by Muslim scholars in their works. A comparative analytical method was employed to study lease and deposit contracts in order to highlight the elements that can lead to crime of deceit (khayanah) in Islamic and conventional (Egyptian) laws. The study stressed that the amanah is a security and unifying agent for Muslim and entire mankind. As a religious motive, amanah has to realize a practical form that can maintain the fulfillment of lease and deposit contracts. Only then public interests of people and objectives of these contracts can be preserved. In this line, the Egyptian judiciary is proposed to initiate legislative measurements and punishment for the perpetrator of deceit crime. At the same time spiritual dimension of amanah cannot be ignored. Here the Islamic law supersedes the conventional law that strikes a balance between both dimensions of amanah.