The Rules of Musataha Contract in the Islamic Sharia and the Iraqi Law

Abstract

Musataha contract is one of the legal contracts, and I have dealt with legal matters a lot, due to the lack of doctrinal issues related to it. In addition, the right of Musataha is of great economic importance and this importance is reflected in the present due to the emergence of large capital and the desire of the owners to invest these funds, and that the most important area for employment is what is known as real estate investment, where is agreed between the owners of capitals, which are often foreign, with landowners to establish facilities and buildings are residential units, hotels and factories. The plan of this research included the preparation of two researchers and several demands. The introduction included the definition of Musataha and the origin of this contract. The first topic dealt with, the contract of Musatahah in Islamic law, its pillars, wisdom and the place of the contract, which contains three demands. The second section dealt with, the holding of Musataha in Iraqi law, included two demands.