Selling a patent or selling with a condition of being innocent of the defect.

Document Type : Original Article

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مقيدة ومسجلة بالدراسات العليا في قسم الدراسات الإسلامية - کلية الآداب - جامعة جنوب الوادي

Abstract

Selling a patent or selling with a condition of being innocent of the defect.



Summary:



Contracting with others is a result of necessity because it is a social necessity among people. This is to meet the needs of the people, so the daily life of every individual is not devoid of concluding a contract. Islamic law pays attention to the legal sciences, including jurisprudence, especially the jurisprudence of transactions, due to people’s need to know the legal rulings in transactions between them, so that the individual and society can be upright. One of the most important transactions between people is selling, and God Almighty has legislated it. He Almighty said (And God has made selling lawful) (), and so that no harm occurs to either contracting party.

Islam has established multiple forms of sale and conditions for both parties in the sale, in order to guarantee the rights of both parties, including a sale by acquittal or a sale with the condition of being free of defects. The jurists have differed regarding this sale and whether the condition is permissible or not. The details of that come in the following lines.

Keywords: innocence, defect, innocence from defect.

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