Journals / Sakarya Üniversitesi İlahiyat Fakültesi Dergisi / 2008 / Cilt: 10 - Sayı: 18

Gabn in Islamic Law and its Effect on Contract

İSLAM HUKUKUNDA GABĐN VE AKDE ETKĐSÄ

Pages
129–150
Publication Date
2008-12-15
DOI
—
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AI Summary & Key Takeaways

AI Insight
⚡ TL;DR(Too Long; Didn't Read)

For that reason “tağrîr” is considered as a causemaking the consent or the will of the part exposed to it disable.

📌 3 Key Takeaways

🎯
Objective & Hypothesis:Described in Islamic law as “to be deceived by buying something with a larger pricethan its worth or selling it with a smaller one”, “ğabn” was not considered as a causemaking the consent disabled and the contract invalid (fasid).
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Key Findings & Data:But it was in questionwhen the consent was disabled or there was an unfair detriment.To decide if there is a “ğabn-ı fahis” in a contract, for the majority of the jurists, thelocal custom regarding that contract is considered as a criteria.
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Conclusion & Impact:For that reason “tağrîr” is considered as a causemaking the consent or the will of the part exposed to it disable.
🔬Design:Research Article
📍Scope:Comprehensive Sample
⚙️Variables:Gabin · Tağrir · Gabn

Abstract

Described in Islamic law as “to be deceived by buying something with a larger pricethan its worth or selling it with a smaller one”, “ğabn” was not considered as a causemaking the consent disabled and the contract invalid (fasid). But it was in questionwhen the consent was disabled or there was an unfair detriment.To decide if there is a “ğabn-ı fahis” in a contract, for the majority of the jurists, thelocal custom regarding that contract is considered as a criteria. But a considerableamount of Hanafi jurists, despite the preferred doctrine is same as the opinion of themajority, accepted the price, that is included in the value fixed by the expert, as “ğabn-ıyasîr” and the price, that is smaller or too much than the value, as “ğabn-ı fahis”.The concept of “tağrîr” is described in Islamic law as “to mislead someone by havinghim formed an incorrect opinion or kept his former incorrect opinion to make himdeclare a will (irada) in favour of you”. For that reason “tağrîr” is considered as a causemaking the consent or the will of the part exposed to it disable. So

Özet

Described in Islamic law as “to be deceived by buying something with a larger pricethan its worth or selling it with a smaller one”, “ğabn” was not considered as a causemaking the consent disabled and the contract invalid (fasid). But it was in questionwhen the consent was disabled or there was an unfair detriment.To decide if there is a “ğabn-ı fahis” in a contract, for the majority of the jurists, thelocal custom regarding that contract is considered as a criteria. But a considerableamount of Hanafi jurists, despite the preferred doctrine is same as the opinion of themajority, accepted the price, that is included in the value fixed by the expert, as “ğabn-ıyasîr” and the price, that is smaller or too much than the value, as “ğabn-ı fahis”.The concept of “tağrîr” is described in Islamic law as “to mislead someone by havinghim formed an incorrect opinion or kept his former incorrect opinion to make himdeclare a will (irada) in favour of you”. For that reason “tağrîr” is considered as a causemaking the consent or the will of the part exposed to it disable. So “tağrîr” makes theannulment of the contract or reduction in the price or even demand for compensationpossible.

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Cite This Article

ATMACA, G. (2008). Gabn in Islamic Law and its Effect on Contract. Sakarya Üniversitesi İlahiyat Fakültesi Dergisi, Cilt: 10 - Sayı: 18, 129–150. https://ajindex.com/articles/139091

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