قيود مبدأ الرضائية في العقود في الفقه الإسلامي

Abstract EN

Research on the validity of the commitment derived from the contract of sale and its different stages is considered one of the studies that has been heavily addressed by jurists of sharia and law.

Accordingly, they dealt with many issues that generate vehement debates between the two contractors, through taking into account the interests of both parties and trying to establish regulatory frameworks for these issues.

In this respect, the consent in sale contracts is one of the pillars agreed upon by all schools of jurisprudence.

Yet, in order for the contract to be complete and equitable, there are certain restrictions that should be taken into account and respected.

In this context, this investigation will attempt to give an examination of the three major restrictions indicated by the jurists, namely, the infliction of harm, the conditions linked with the contract agreed upon by the contracting parties, and the option concerned with the freedom to pursue or withdraw from the contract in case there are defects in the purchased objects (Khiyar Al Aib), as well as the freedom to choose to complete or halt the contract while the contract council is still taking place (Khiyar Al Majlis), particularly the sort of council mentioned in Islamic jurisprudence (Fiqh).

Therefore, this research revolves around two main parts: the first deals with the inflicting of harm and the conditions associated with the contract, and the second part investigates the two major options: the one of defect (Al Aib) and that of council (Al Majlis).