بيع المضارب و شراؤه بالغبن : ختمه و أثره على عقد البيع

Abstract EN

Purpose: The study aims to clarify the concept of unfairness and the ruling of selling and buying by trustees with unfairness, whether major or minor, and to highlight its effect on the sale contract, the guarantee, and the compensation associated with that contract.

Methodology: The researcher followed the inductive approach by tracking the material, and the researcher also applied the analytical method by presenting the views and their evidence, analyzing and directing that evidence, and comparing the different jurisprudential opinions and discussions directed to those sayings and their inferences.

Findings: The study found that the behavior of the trustee under minor unfairness is permissible and valid.

The trustee does not have the right to sell or buy with major unfairness through the authorization granted to him under the contract.

The sale contract involving major unfairness is valid for the consideration of contract stability; however, compensation is needed taking into account the contractual balance between the contractors.

Originality: The importance of this study lies in its origination of the rulings on the behavior of the trustee, given that the contract is one of the important contracts in Islamic jurisprudence as it combines capital and commercial and investment skills.

This study highlights the effect of those actions on the sale contract in terms of validity or otherwise, and in terms of the trustees’ guarantee of any harm affects the capital master as a result of the trustee’s behavior.