بيع المضطر في الفقه الإسلامي : دراسة تأصيلية تطبيقية

الملخص EN

This research aims to study the rules relating to the sale of the needy in Islamic jurisprudence.

The first paragraph deals with the definition of the needy and related terms.

It then proceeds in spelling out the rules that govern the exchange of the forced sale under pressure in different market forms as defined in economic analysis.

In addition, the paper covers other important points like the relation between the sale of the needy and a group of economic and jurisprudence issues, such as the ‘dislike’ of the sale of Tawarruq by some Hanbali jurists as there is an element of necessity in this kind of sale.

For reaching the intended objectives, the research used descriptive methodology, and reached several conclusions; the most important of which: the standards for differentiation between being the needy and forced are numerous, and the meaning of the needy overwhelmed that of forced in this subject, and fact that the needy has the right to resort to judicial measures to postpone the execution of the sale, to be able to bargain for good price on proper grounds