المسائل التي خالف فيها أشهب الإمام مالك أو ابن القاسم في أركان البيع و شروطه : جمعا و دراسة

Abstract EN

Ashab Imam Malik and Ibn al-Qasim, prominent scholars of the Maliki school of thought, have authored many works and books related to the jurisprudence of sale and its conditions.

however, there are some issues in which they disagree with prevailing opinions in the field of terms and conditions of sale.

such as hidden defects : Ashab al-Imam Malik and ibn al-Qasim disagreed with the prevailing opinion regarding hidden defects in sales.

they considered that the seller must disclose defects that may affect the value of the product and lead to a loss to the buyer.

Gharar : the opinion of Malik and Ibn al-Qasim differs from other opinions on the issue of Gharar, which is buying something at a price lower than its true value.

they considered Gharar to be prohibited and to be avoided in sales.

condition imposed : sometimes, the seller may impose additional conditions in the sales contract.

however, Malik and Ibn al-Qasim considered that some of these imposed conditions may be invalid and inconsistent with the provisions of sharia.

trade with debts : Ashab Imam Malik and ibn al-Qasim were more conservative in accepting trade with debts.

they considered it to be risky and inconsistent with the principle of fairness in sales.