Islamic Law

Islamic Law

Disagreement between different parties regarding the legitimacy of the price and the appraiser and its effect on the legality of the transaction

Document Type : Original Article

Authors
1 markazfeqhi
2 Foreign professor of Qom Seminary
Abstract
One of the problems in the field of financial transactions is the difference between different parties in property assets. This difference creates a challenge in transactions whose structure is based on a general commitment, because such a commitment gives the possibility to the seller or customer to provide his commitment from the place of the property whose legal ownership is excluded from the eyes of the other party. and such a transaction is condemned to be null and void based on jurisprudence rules. The document of invalidity in this type of transactions is also the fact that the range of proofs of the validity of contracts such as "ofua in contracts" does not include such transactions; Because the contents of these proofs indicate the necessity of adhering to the commitment that was made, and this is while the proofs of the invalidity of the transactions invalidate the fulfillment of the commitment with haraam means. The transaction will be void. In line with this, the purpose of this article is to provide a solution for correcting transactions in which the parties disagree on the legitimacy of the price and the appraiser. Is; It shows that it is possible to correct this type of transactions by taking advantage of the tradition, applying the authority of proofs of authenticity of transactions from the approach of jurisprudence rules and the rule of obligation and the traditions of the permission to pay debts from the proceeds of the sale of mahrams.
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