أثر الثمن في العقود القهرية : دراسة فقهية تأصيلية

الملخص EN

This research establishes a settled rule in Islamic jurisprudence, according to which consent is a basic principle in contracts that must be valid on the whole, but it may prove contrary to this origin - for something casual - some contracts in which this origin is not considered and by which we mean those compulsive contracts which care for achieving a specific purpose that achieves a preponderant interest or deny real harm taking in consideration considered a fair alternative to compensate the other side whose consent is not considered in those contracts.

In my research, I dealt with this through a preamble study to clarify compulsive contracts, the extent of their legality and the difference between them and optional contracts.

Then, in the second topic, I dealt with the legitimate compulsive contracts to remove harm and discussed some issues under this control, such as taking pre-emption showing the effect of the price on the property of the preempted.

Then, in the third topic, I tracked down some of the contracts that fall under the compulsory legal contracts to remove the harms out of the obligated person and I listed examples of that such as the issue of feeding the forced and the effect of the price on his entitlement to this food.

Likewise, the issue of benefiting from the property of others if necessity arises by an individual or group and the effect of the price on their property to pay their necessity.

In my treatment of the topic of the research, I took into account the inductive and original approach, so I follow the partials of the issue in question in the books of the jurisprudential schools of thought following that by mentioning the sayings of the jurists and explaining their disagreement - if any - explaining the evidence of each team and discussing it as much as I could for that, ending it all by preferring according to the strength of evidence.

Then I appended my research to some of the results which I deduced through my study of this topic and I conclude it firmly for the sources and references hoping for help and rectitude, and that this work will be purely for the sake of God Almighty and God is behind the intention.

For use, Allah is Sufficient and He is the best Disposer of affairs.