Forbidden sales in Islamic law



Contents

  • 1 The ruling and the legitimacy of the sale
  • 2 pictures of forbidden sales
  • 3 legal rules in distinguishing forbidden sales
  • 4 References

Ruling on selling and its legitimacy

The legitimacy of the sale was established as a method of exchanging benefits between people in the Book of God, the Sunnah of his Prophet, and the consensus of the Muslims. It is from the Holy Qur’an the Almighty saying: (And God permitted the sale and prohibited usury) . [1] In that noble verse there is a clear indication of the solution to the sale, an expansion of the servants and the achievement of complementarity between them. As for the Sunnah of the Prophet, the legitimacy of the sale has been proven in several hadiths, among which he said peace be upon him when he asked which gain is better, and he said: (The work of the man is in his hand, and every sale Justified) . [2] A justified sale is one that is free from fraud and betrayal. [3]

From pictures of forbidden sales

Among the forbidden sales in Islamic law we mention: [4]
  • Sale of the unknown: The sale of the unknown means that the sale or the price in it is a great ignorance that leads to a dispute between people, and this sale is corrupt at the tap, and it is invalid for the public.
  • Pending sale: Pending sale means that the seller suspends his sale of the thing on the existence of another matter, an example of which is that the seller tells the buyer what you sell so if my father came from traveling, this condition includes ambiguity, and it has nothing to do with the contract of sale, it is corrupt at the tap, and is invalid for the public.
  • Forbidden selling: for example, selling wine and pig.
  • Sale of the absent eye: This sale is intended to sell the merchant something that is owned by him in reality, but without the buyer seeing it, and the tap authorized this type of sale while giving the buyer the right to enforce it or return it after seeing it, and the public sees the permissibility of this type of sale to avoid deception and ignorance, Provided that the seller describes him to the buyer, then when he sees it, the buyer is the option in it.
  • Sale and purchase of the blind: The Shafi’i prohibited the sale and purchase of the blind unless he saw the sale before his blindness without changing, and the public permitted the sale and purchase of the blind to prove the choice to him, according to his knowledge of the sale through smell, taste, or touch.
  • Selling something to someone who uses it forbidden: an example for him to sell weapons to non-Muslims or for bandits, or sell grapes to anyone who wants to squeeze them to make wine.
  • Selling the sample: is for a person to sell something with a deferred price, then he buys it from the buyer in cash, and the purpose of this sale is to obtain the money with a valid contract, and a forbidden method, which is invalid for Maliki and Hanbali, and is true for the Shafi’ite, and leaves the matter of the seller's intention in it to God, and he is at The faucet is correct if it is mediated.
  • Two sales are in pledge of allegiance: an example for him is that the seller says you sold such and that you sell me such, and this is a corrupt contract with the Hanafiyyah, invalidated by the Hanbali and Shafi’i.
  • Selling Najis: It is if a man increases the price of the commodity to delude others that it is worth this price to buy it.
  • Selling a woman: That a man leaves his chat or camel without milking her for days, so that the buyer is deluded that she deserves the price because her udder is full.
  • Receiving stirrups: this means that a man goes out of the city to receive the merchants and buy his goods from him before it goes to the market, and his goal is to buy them at less than their prices after the price is cheap in the eyes of the merchants.

Legitimate rules in distinguishing forbidden sales

There are legal rules that help a Muslim to know the forbidden contracts. The Sharia prohibited everything in which people's money was eaten in vain, or what is deceit and ignorance that leads to hostility and hatred, as well as sales that include forbidden or usury , and that includes selling the sample and selling the debt , Or sell the unknown thing or what a person cannot catch. [5]

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