Terms of sale and purchase in Islam



Contents

  • 1 Buying and selling in Islam
  • 2 Definition of the sales contract
  • 3 conditions of sale and purchase in Islam
    • 3.1 Terms of the formula
    • 3.2 The terms of the seller and buyer contracts
    • 3.3 Conditions of the precious and valuable contractor
  • 4 general conditions for buying and selling
    • 4.1 Conditions of validity of the sale
    • 4.2 Conditions for entry into force of the sale
    • 4.3 Conditions for the sale required
  • 5 References

Buying and selling in Islam

The process of buying and selling in Islam is considered a sensitive matter upon which many things are based. Some things in the commercial process that result from buying and selling if you enter into a transaction may turn it into a usurious or forbidden transaction, and some conditions that are negated from the transaction may make it permissible after having It was usurious, and jurists considered buying and selling conditions that must be fulfilled in the commercial process in order for the sale to be correct.

Definition of the sales contract

  • Selling in a language: it is against buying, and selling also means buying, as they are buying and selling - from the terms of opposites, so their use is true in the two meanings. It is said: I sold the thing, i.e. his purchase, and buying: it is buying. [1]
  • The meaning of the contract of sale as a convention: The scholars of the four schools of thought that are approved by the Sunnis see that the contract of sale has a number of definitions.
    • Ibn Qudamah al-Hanbali - from Hanbali scholars - believes that selling is: exchanging money for money for ownership and ownership. [2]
    • As for Ibn Arafa Al-Maliki, he believes that the sale is: a contract of exchange that takes place without benefit or pleasure. [3]
    • Scientists knew Shaafa'is sales that: (interview money for money on the face of an ad hoc), and it was said in its definition Shaafa'is further that: ( a contract stating financial netting have an eye or utility that was the contract of sale the property on Altobed not on the face of Bagpipes), the Many things that could not be called a sale came out with this definition, because their saying (netting) gives the gift and the like in the ruling, because the gift is not a sale but rather a donation contract that is free of charge, while their saying (financial) came out with non-financial contracts, such as a marriage contract being on Alodaa, a status of private contracts in Islamic law , a What they said (own eye) came out with the lease contract , which is based on the benefits of ownership are not objects. [4]
    • The Hanbali scholars have defined it as: (it is the exchange of an eye or the benefit of absolutely permissible one of them as well as on the support in them for no reason or forcibly).


Terms of sale and purchase in Islam

Before we mention the conditions of buying and selling, we must mention the pillars of sale, as their conditions fall under the pillars, and these conditions cannot be accommodated until the pillars are mentioned, and scholars of jurisprudence differed in the pillars of buying and selling, as they differed in the other pillars of the other contracts of the same cause, where he sees tap the only corner of the contracts for all of them is the only formula, while the majority of scholars disagreed Fdoa for sale and purchase Arcana other than the formula, [5] The following are the pillars of the sale and purchase of the jurists.

Formula conditions

The form of the contract means the term issued by the contract, expressing his will to complete the contract, and it can be expressed in jurisprudence and law in the affirmative and acceptance. I sell your commodity with this and it is true that the offeror is the seller, not the buyer, for example, if the seller says positive: I will sell you this commodity for such. [6]
As for acceptance, it is: the word issued by the second contractor expressing his will in what the positive person began and is called a midwife, such as if the midwife says in response to the obligatory if the midwife was a seller; [7]

The formula in the sale and purchase is stipulated that it be within specific words, and the words by which it is permissible to complete the sale and purchase are those that are derived from the word sold and bought or possessed, if the formula was in terms other than those mentioned as gift, gift and rendering, then it is required in that word that it is accompanied by an allowance Mali until the will of the contractor becomes clear from the sale and the intention is not in others, as the formula also stipulates that there should not be a separation between the affirmative and the acceptance a separation that enters the delusion in the will of one of the contracters to complete the contract or not complete it, if the affirmative was issued by a contractor then the two contractors are engaged in something outside the contract, then They returned to it, the formula must be issued by them Dada. [7]

Terms of seller and buyer contracts

The two contracts are considered one of the pillars of the sale and purchase contract among the majority of Maliki , Shafi’i and Hanbali jurists , while the Hanafis differed from the majority of scholars in that, and they said that the two contracts are considered terms of the contract of sale, not one of its pillars, and what is required in the two contracts that want to complete a sale and purchase contract several conditions, including: [6]
  • That a full-fledged contractor is a reasonable adult: selling the deficient and buying it is like an indiscriminate, insane, foolish, insane and similar boy, because they are not from the people of costs, and because it facilitates their injustice by merchants and patients of the soul, in order to save their money from being lost, and so that it is not easy to manipulate them, With their money for the lightness of their minds, while the Hanbali jurists permitted the sale and purchase of a young boy who is not distinctive or foolish and bought them in things that are despicable in relation to their financial value, in order to facilitate the people, it is permissible for the young person who is not distinguished and foolish to complete the sale and purchase in the despicable without the preciousness of the Hanbali even without the guardian’s permission, but as for what One of the things and goods of great financial value is precious, as it is not permissible for the minor, who is not distinguished and foolish, to complete the sale or purchase contract in it even if their guardians authorized them to do so.
  • That the contract is chosen: the sale and purchase of the coerced is incorrect and invalid, because his coercion is considered incompatible with his will expressing his desire to complete the sale or purchase, so the effect resulting from the contract does not result in possession or ownership in the absence of will.
  • It is stipulated in the contract that he be visionary: in order to see the commodity on which the contract will be made, whether he is a seller or a buyer, ignorance is negated, in order to prevent his exploitation, and to achieve the condition of not being ignorant of buying and selling, the blind person does not know what he described what he will sell or buy unless there is trust that describes him .

Conditions of the contracted price, the price

The contracted one is considered one of the pillars of the sale and purchase contract of great importance, and this pillar is divided into two main parts, so that some jurists count each of them as a separate pillar from the other, as is the case in the contract that they divided into two pillars, the seller and the buyer They are: the price and the price, and the price is the amount of money that was contracted based on it; it usually represents gold and silver, and they are replaced by money that is popular nowadays, and the price can be anything that people get to know as a price, or the price of the price is: that commodity that the contract was made To buy it, it is stipulated in the contract Several conditions , the most important of which are: [6]
  • It is stipulated that the contracted person must be clean and not unclean: This is a condition in the price and the price that is equally valuable, so it is not permissible to conclude the contract on the sale of unclean, as it is not permissible for the price in the contract to be unclean, if the price or the appraiser is unclean, the champion of the contract.
  • That the contract be conducted according to a legal beneficiary: If the two contracting parties agreed to buy and sell what is not considered legally beneficial, then the contract is null and void, such as dead or insects.
  • That the price tagged or the appraiser is known to the two contractors, knowing that ignorance denies it: both contracts know what the contract was signed upon and in return for it, so the buyer knows the description of the commodity, its size, color, and type, and the seller knows the type of currency in dinars, riyals, pounds, dollars, description, and amount.
  • That the contracted must be easy to deliver: the price and price is equal to that, because selling fish in water is invalid due to the inability to deliver it by the seller to the buyer, because his catch is unfulfilled, so the seller may hunt the fish that the buyer wants, and he may catch other less-quality and poorer fish And perhaps he hunted the best and the finest, so the contract is conducted in an unknown manner, and also includes selling the fugitive horse, stray camel and flying in the air.
  • That the contracted party is owned by the contractor, so that he has the authority to own the other contract.

General terms of sale and purchase

Some of the conditions for the three pillars of the sales contract - the formula, the two contracts, and the contract stipulated in it - were mentioned previously, but for sale and purchase other special conditions other than the conditions mentioned, these conditions are divided into health conditions, unnecessary conditions, and enforcement conditions, and among these conditions are what relates to the contract itself, including what Concerning the contract and one of its pillars, as follows: [8]

Conditions of validity of the sale

The jurists stipulated that in order for the sales contract to be valid, six things are to be avoided:
  • Ignorance: If one of the contracting persons is not aware of the type or type of sale or the price of the sale, or the description of one of them, or its number, or other details.
  • Deceit: Deception is what is reported between existence and non-existence, and it enters the sale of what is unknown or not, such as selling what is in the belly of the sheep or camels before they are born, or what is in the udder of milk before milking them, or selling a hundred without specifying the type or gender of the commodity.
  • Damage: It is a requirement that what is harmful be included in the sale, such as selling a garment that he punches it, or selling a box, on which he places wood or other things that harm the contracted.
  • Coercion: It is the compulsion of a contractor to complete a contract without his consent, and it is divided into coercion as a refuge: as if a person threatens one of the contracting with death, and he refers to him with an instrument that he usually kills, such as a pistol, a knife, or a large stone, and the second section is a non-forced compulsion: as a threat of beating, or Confinement, or exile.
  • Timing: That is, the sale is temporary for a period of time, which makes buying and selling out of their origins, and their main function is to own the commodity and to have disposal of it without specifying a period.
  • Spoiling conditions: It is a condition of an order in favor of one of the contractors. The legal text did not come with the legalization of its requirement, or the custom was not made in it, or was contrary to the requirements of the contract. For example, one of the contracting parties required the other in the contract to loan him an amount of money until the contract is completed.

Terms of entry into force of the sale

The jurists required for the contract to be effective two conditions:
  • The king or the state: That the contractor owns the contracted person, or his representative, if he sells someone who does not own, then his contract is not valid, unless authorized by the original owner.
  • That the contractee has no right other than the contracting person: like a mortgage; the mortgaged person does not own the sale of the mortgaged, and the mortgaged person does not have the right to sell it unless the mortgagor fails to pay the debt for which the mortgage was made.

Conditions of unnecessary sale

The contract of sale is required to be free of options that allow one of the contracters to rescind the contract of sale and purchase as an option of condition, description, disadvantage, appointment, defect, visibility, and so on. Usually, it is determined by a time, the option of seeing ends with the contractor seeing the contracted person, and the option of the condition ends with the implementation of the condition upon which the choice was made, which is the right to return the sale within three days from the date of the contract and so on. [9]

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