أحكام الغبن في القانون الوضعي و الفقه الإسلامي

Abstract EN

Lesion is a complex legal and social problem that was and still is a wide field of discussion and different viewpoints, because it is based on social, ethical and economic considerations that are not fixed and are subject to development.

By adopting the idea of injustice in the decades and the other rejecting it.

Indeed, the different legislations that adopted this theory differed in the solutions reached.

As for Islamic jurisprudence, which takes into account the establishment of a balance between the interest of the individual and the interest of the group, and before the principle of contractual freedom in Islamic jurisprudence, it has placed restrictions on it as long as it contradicts that.

The rights of others, or contrary to the order of the street, so the will may stipulate in the contract what it wants from conditions except for a condition that is permissible forbidden, or forbidden permissible, the Islamic jurisprudence prohibits the establishment of justice in the contract through achieving full equality and balance between the contracting parties.