Islamic Jurisprudential Analysis of Interaction or non-Interaction of Price with Clauses and Specifications Stipulated in Sale Contract

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Abuata Mohammad; Javadi Seyyed Hadi; RAHMANI HOSSEIN

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:1 Page(s): 105-124

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Information Journal Paper

Title

Islamic Jurisprudential Analysis of Interaction or non-Interaction of Price with Clauses and Specifications Stipulated in Sale Contract

Author(s)

Abuata Mohammad | Javadi Seyyed Hadi | RAHMANI HOSSEIN | Issue Writer Certificate

Keywords

lauseQ3

DescriptionQ1

PriceQ1

SaleQ2

ContractQ2

Abstract

In respect of interaction or non-interaction of Price with clauses and specifications stipulated in Sale Contract, there are two different views in Islamic jurisprudence. Some jurisprudents believe that the clauses and specifications have no role in determining the Price of the Sale but merely persuade the customer to make Sale Contract. Another group believes that the clauses and specifications of the Sale are effective in determination of the Price and are considered as equivalent to some part of the Price. In other words, the first group of the jurisprudents relies on the rule “ alshurū ṭ lā ū za´ u ´ alayhā al-thaman” and the second group relies on the rule “ li alsharṭ qisṭ un min al-thaman” . It seems that no one can practice the generalities and specifications of these rules and since the act of legislator in the area of Contracts is principally affirmative, for adopting the determination criteria it should be referred to the custom. As a whole, in the cases when the Sale and the clause are considered as a single ruling by custom, such that the Sale Contract is made because of gaining the subject of the clause the rule “ al-shurū ṭ lā ū za´ u ´ alayhā al-thaman” is relied upon. However, if the clause is not in the above-mentioned order and it only triggers and persuades Contractor to do the Contract, the rule “ li al-sharṭ qisṭ un min althaman” is relied upon.

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APA: Copy

Abuata, Mohammad, Javadi, Seyyed Hadi, & RAHMANI, HOSSEIN. (2020). Islamic Jurisprudential Analysis of Interaction or non-Interaction of Price with Clauses and Specifications Stipulated in Sale Contract. ISLAMIC JURISPRUDENCE RESEARCH, 16(1 ), 105-124. SID. https://sid.ir/paper/372776/en

Vancouver: Copy

Abuata Mohammad, Javadi Seyyed Hadi, RAHMANI HOSSEIN. Islamic Jurisprudential Analysis of Interaction or non-Interaction of Price with Clauses and Specifications Stipulated in Sale Contract. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(1 ):105-124. Available from: https://sid.ir/paper/372776/en

IEEE: Copy

Mohammad Abuata, Seyyed Hadi Javadi, and HOSSEIN RAHMANI, “Islamic Jurisprudential Analysis of Interaction or non-Interaction of Price with Clauses and Specifications Stipulated in Sale Contract,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 1 , pp. 105–124, 2020, [Online]. Available: https://sid.ir/paper/372776/en

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