Prohibition on selling and loaning and its effect on compensation contracts in Maliki jurisprudence

Abstract

Since usury (Riba) has devastating effects on societies and nations, the jurists worked to set rules and controls for compensatin contracts to limit its spread. In order to block the pretext, they agreed that it is not permissible to combine selling and loaning in one contract; hence, it became a postulate of the doctrine to justify the inadmissibility, because it is selling and loaning in one contract. And they attached to this prohibition other contracts of compensation such as leasing, marriage and others as they have the same reason.The Maliki jurists forbade many sales that are ostensibly permissible but invoke the impermissible based on their established rule which is blocking the pretexts.The nature of the research required that we rely on the deductive and inferential approach. The former  was used to derive judgment and cause through scattered branches of the books of Maliki jurists, and the latter was used to infer what we have collected from these texts.One of the most important findings of this research was that they agreed to prevent selling and loaning in one contract if it is initially conditional or devolved to it later, and they differed if the contract did not include the condition of selling and loaning in onecontract but was conducted after the contract without condition