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- Title
Akitlerde Satış Bedelinin Meşrû Sınırını Belirleme Bağlamında Hanefî Mezhebinde Semenin Genel Özelliklerinin Tahlîli.
- Authors
ÇAĞLAR, Muhammet Ali
- Abstract
While referring to sales contracts, the elements of thaman and mabīʿ are counted among the conditions of validity or establishment of the contract. Each one of these conditions has some specific characteristic. This study will try to determine the unique character of the thaman element. Generally, the characteristics of thaman have been analyzed under different titles instead of being discussed under a separate title, in classical sources. Combining these characters under a general framework will have great importance to determine the fiqh position of the sales price in the complex contract types which have developed recently and to improve a new perspective. There are several reasons why Ḥanafis are particularly have considered as the focal point of this study. One of them is that the Ḥanafis developed a new conception that clearly distinguishes thaman from mabīʿ. Another one is that they classified all commodity groups as might have been thaman or not. Hereby in the determination of semen, the characteristics of the prices were emphasized rather than the declaration of intention. In addition, according to Ḥanafis, thaman is not counted among the conditions of establishment of the contract, and the door has been opened to repair the contract in any deficiency that may occur with the distinction between fāsidh (peccable) and bāṭıl (superstitious). Thanks to these perspectives, solutions can be found at some points and even some contributions will be made to the confusions which stem from the contract diversity that has developed today. However, this study will not go beyond to mention the characteristics of thaman on a theoretical basis. Therefore, after introducing a certain definition of thaman, the prerequisite for thaman will be mentioned. The points where thaman differs from mabīʿ will be determined and it will be revealed which prices will be thaman and which ones will be considered mabīʿ if they come across. In addition, considering the basic contract forms, whether the properties of thaman are applied absolutely or not will be mentioned. Finally, the study has been concluded by briefly giving a place to the agreements or the disagreements of the three imams on relatively more specific issues such as withdrawal from the market, increase or decrease in value, which are among the most encountered recent problems when it comes to thaman.
- Publication
ULUM Journal of Religious Inquiries, 2022, Vol 5, Issue 2, p249
- ISSN
2645-9132
- Publication type
Article
- DOI
10.54659/ulum.1126871