The effect of gross embezzlement in the contract of sale in Islamic jurisprudence

In the current era, people are more interested in trade and economic activities and work in the free market, and naturally, every person tries to benefit from work and grow his capital and avoid losses and damages. be the religion of Islam forbids its followers from embezzlement, deception, etc., in business, we must use the principle of justice and honesty in transactions and seek a reasonable benefit for ourselves, and the Islamic Sharbat has organized the rules of embezzlement according to the principle of contractual justice. From the point of view of the jurists, embezzlement is divided into two types, one is easy embezzlement and the second one is gross embezzlement. Egregious embezzlement is one of the defects that affects the marriage and is considered a special reason for invalidating the marriage, and it is necessary for a person to avoid it. Ghaban Yasir does not have any effect on the contract of sale except in the special cases mentioned by the jurists. And the jurists of Islamic schools have disagreed about the effect of gross embezzlement on the contract of sale. The other group says that if a single person is found guilty of gross embezzlement, the contract will be invalidated. In this article, this issue has been discussed and examined in terms of the jurisprudence of the four Sunni schools and the civil law of Afghanistan and according to Rajeh. Also, analytical and descriptive method has been used in this research and it is a library information collection method.

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Publication Details

Journal
International Journal of Islamic Sciences
Published
2025-03-30
DOI
https://doi.org/10.64394/ijis.v1i1.5
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

The effect of gross embezzlement in the contract of sale in Islamic jurisprudence

Mohammad Hanif, Abdul Qudous Mazhari
International Journal of Islamic Sciences
Islamic Finance and Banking Studies
article

The effect of gross embezzlement in the contract of sale in Islamic jurisprudence

Mohammad Hanif, Abdul Qudous Mazhari
article en

Abstract

In the current era, people are more interested in trade and economic activities and work in the free market, and naturally, every person tries to benefit from work and grow his capital and avoid losses and damages. be the religion of Islam forbids its followers from embezzlement, deception, etc., in business, we must use the principle of justice and honesty in transactions and seek a reasonable benefit for ourselves, and the Islamic Sharbat has organized the rules of embezzlement according to the principle of contractual justice. From the point of view of the jurists, embezzlement is divided into two types, one is easy embezzlement and the second one is gross embezzlement. Egregious embezzlement is one of the defects that affects the marriage and is considered a special reason for invalidating the marriage, and it is necessary for a person to avoid it. Ghaban Yasir does not have any effect on the contract of sale except in the special cases mentioned by the jurists. And the jurists of Islamic schools have disagreed about the effect of gross embezzlement on the contract of sale. The other group says that if a single person is found guilty of gross embezzlement, the contract will be invalidated. In this article, this issue has been discussed and examined in terms of the jurisprudence of the four Sunni schools and the civil law of Afghanistan and according to Rajeh. Also, analytical and descriptive method has been used in this research and it is a library information collection method.

International Journal of Islamic SciencesVol. 1(1)
Kabul Education University (AF)
Openalex Percentile: Top 65%
Islamic Finance and Banking Studies
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