مسالك النهي في الكشف عن المقاصد : رفع الغرر في البيوع أنموذجا

Abstract EN

The First reliable source from which purposes of the Legislator are extracted is the outward context of text that is the frame of His Orders and Prohibitions and which contains His Will.

Legislation is taken from the revelation both Quran and Sunnah; and the observant of the legislation purposes has to adopt texts of the Holy Quran and Sunnah as a clear route to prove purposes in Orders and Prohibitions; whoever does not realize the purposes in orders and prohibitions, does not have insight in the Islamic Legislation Our Prophet –Pbuh- forbids in many of His Sayings- deception in sales.

This study explains a way of prohibitions to indicate purposes of the legislation, and application of the same way to remove uncertainty in the sale contractual obligations.

Then it further goes without saying that confirmation of prohibiting sales involving uncertainty is not confined by time or place but it is valid throughout validity of the Islamic Legislation till the Day of Judgment