The Impact of the Difference of Religion on the Rule of Gift Contract in Islamic Jurisprudence

Abstract

This research aims to answer many questions: What is the ruling on a Muslim’s communication with a non-Muslim regarding a gift by giving and accepting? What is the effect of religious ceremonies for a non-Muslim on the ruling on giving a gift to him or accepting it from him? And what are the legal controls that can be drawn out for a Muslim to communicate with a non-Muslim in the gift by giving and accepting? The research followed inductive and analytic approach represented in gathering Islam jurists views in the matter and their foundations with analysis، discussion, criticism, and weighting. The research is characterized as a specialized study in an important matter in the jurisprudence of transactions, and in particular the gift contract, keeps track of the impact of differences of religion in its provisions, as well as this of the contemporary dimensions. The search was divided into six sections: dealt with the rule of the gift of the Muslim to a non-Muslim, and the rule of voluntary charity, and the rule of Muslim acceptance of the gift from a non-Muslim, and the rule of the exchange of Muslim donations and gifts with a non-Muslim in the religious occasions, the rule of the gift of the apostate, the latter section was dedicated to draw controls in the donation related to different religion. The research arrived at different findings، the most outstanding are: It is permissible to give a gift from a Muslim to a non-Muslim, and to give charity to him, even if it is war between the two countries of them, if that does not lead to the infliction of harm to Muslims, With the exception of the apostate. It is also permissible to accept the gifts of the polytheists, unless there is an obstacle or harm. It is not permissible to allocate the non-Muslim religious feasts to exchange gifts with, except for the farewell of the marital relationship, or close to, or kinship, or neighborhood, or friendship, or public interest, as a Muslim governor Communicates with the non-Muslims citizens. The gift of the apostate with his money is valid, because it is likely that his ownership will not disappear from his money. It must be subject to controls the gift if the difference of religion, including: A gift between a Muslim and a non-Muslim must observe its controls, including: that the thing which is gifted should not be a religious symbol that pertains to the belief of a non-Muslim, and that Muslims should not be harmed by it.