Time for Designation of Mabī‘ (Object of Sale) in Wholesale
Journal Title: فقه و اصول - Year 2015, Vol 46, Issue 99
Abstract
In the Islamic legal system, sale contract is regarded as among appropriative (tamlīkī) contracts, without any difference existing between the designation of the object of sale and its being wholesale (kullī). Thus, there has been a considerable controversy among the jurists on the time for designation of mabī‘ (object of sale) with the presumption that mabī‘ is wholesale, which would bring about different and in some cases contradictory impacts. Elucidation of this crucial issue and its analysis for achieving a definite theory can diminish diversity of views and make the rulings of this widely used contract more transparent. Civil law is brief about this issue, which has caused some lawyers, following the Western legal systems, to regard bay‘ as commitment (ahdī) with the presumption of mabī‘ to be wholesale and to exclude it from appropriative contracts. In this research, first an accurate elucidation of the concept “wholesale” and its different types is presented and thereby various opinions of the jurists have been examined in relation to the time for designation of wholesale mabī‘. Based on the findings of this writing, the joint (mushā‘) wholesale is designated by partition (ifrāz) and in designated wholesale (kullī dar mu‘ayyan) and indebted wholesale (kullī dar dhimma) the seller’s serious intention, to whom the customer has entrusted the selection and surrender of the wholesale instance, would be the criteria for designation of mabī‘.
Authors and Affiliations
Ahmad Baqeri, Shakiba Amirkhani
Keywords
Related Articles
- EP ID EP184602
- DOI 10.22067/fiqh.v46i19.17043
- Views 99
- Downloads 0
Internal Legal Alms (Zakāt) from Jurisprudential Point of View
Financial assistance to the needy is among the approaches for achieving economic justice and fighting against poverty. This research hypothesizes that in addition to the commonly known zakāt and khums, there is another f...
An Approach to the Traditions on Taḥlīl and Negation of Liability to Khums Prior to Shī‘a Ownership
The principle of taḥlīl (making lawful) of khums is, in brief, indisputable. The ruling for taḥlīl of khums is issued by most of the Imams (A.S.). The object (muta‘allaq) of taḥlīl has been the same with all Imams (A.S.)...
The Function of the Sunnīs’ Farewell Circumambulation for the Lawfulness of Women from the Shī‘ī Jurisprudence Perspective
Among the most important differences between the Sunnīs and Shī‘as is the legal obligation of the circumambulation called ṭawāf al-nisā’ in the end of the Ḥajj pilgrimage and the consequences of its non-performance. Cont...
A Deliberation on the Principle of Al-ta‘zīr fī kull-i ma‘ṣiya (discretionary punishment in all sins)
The relation between crime and sin is of much importance in religion-based criminal law systems. In these systems, sin against Allah have a pivotal role in realizing crimes. In the Imāmī School, the criterion for crimina...
An Analysis of Suspension in Cancellation of Contract in Imāmī Jurisprudence and French Law
Despite the claimed consensus concerning the cancellation of suspension in signing a contract, certain suspended institutions (established laws) can be found in Imāmī jurisprudence, which are very similar to "suspension...