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Principles of the issues of condition in the juristic study of transactions among ibadhis

al-Harithy, Salim bin Said and Mat Jubri@Shamsuddin, Mustafa (2020) Principles of the issues of condition in the juristic study of transactions among ibadhis. International Journal of al-Turath in Islamic wealth and finance, 1 (2). pp. 40-65. E-ISSN 2716-6856

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Abstract

The issues of conditions are of great importance in the formation of the contractual process between the parties to the contract, and therefore it is necessary to edit them carefully to prevent the contracts from any defect that may result in invalidation, and since contemporary studies are scarce in gathering ibadi views in the theory of condition, the research has used the analytical inductive approach. In order to reach the opinion of the Ibadi in the fundamentals of the issues of condition, the fundamentals of the books of jurisprudence read the books of jurisprudence in ibadi, and then analyzed their opinions, to the conclusion that ibadi differed in many issues of condition, such as the origin in the provision of conditions, and the effect of the conditions violated They also differed in the interpretation of the non-issue of two conditions in a contract, and differed in the branches of the issues of conditions such as the sale of the deposit and the condition of innocence of defects, as it was found that they agreed in return that not all the incorrect conditions invalidated the contract.

Item Type: Article (Journal)
Additional Information: 5233/82691
Uncontrolled Keywords: condition, contract requirement, invalid and void, uncertainty, ignorance
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP173.75 Islam and economics
BPH Islamic Economics > BPH186.5 Gharar - Deception
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP639 Muʻāmalāt
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Dr. Mustafa Mat Jubri @ Shamsuddin
Date Deposited: 07 Sep 2020 11:32
Last Modified: 12 Oct 2020 11:11
URI: http://irep.iium.edu.my/id/eprint/82691

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