Abstract

Purpose: The study aims to study the extent of the indication in the phrase (sell the mixed dates for dirhams, then buy with the dirhams pure dates) contained in the Hadith of Khaybar dates, on the permissibility of conducting the two transactions with the same person. It is a topic of great importance in what so called Ḥiyal in financial transactions and the dispute over their legitimacy. The researcher did not find anyone who thoroughly had studied this subject before.

Methodology: The study followed a descriptive and analytical approach, where everything related to the subject of the research was tracked in the books of commentaries on the hadith of the Prophet, the books of jurists, and the books of the principles of jurisprudence and its rules, with discussion, analysis and weighting.

Findings: The study arrived at different findings, the most outstanding are: The Hadith of of Khaybar dates indicates –in general- the permissibility of conducting the two transactions with the same person.

But it is an indication that is weakened by many considerations, which make it liable to be restricted by the slightest evidence. Very strong restrictions have been established, indicate the opposite, the ban of conducting the two transactions with the same person. and among the most important and strongest of them are the many evidences for the prohibition of what so called Ḥiyal in financial transactions. In addition to the legislative logic in that the Shari’a rulings were only put in place to bring interests or ward off evils, and not intended for their forms. This is what the researcher has approved.

Keywords: Usury. Surplus. Ḥiyal. al-Jamʻ (mixed dates). Aljanyb (pure dates).

Title

المجلة الدولية للدراسات الإسلامية المتخصصة

Publisher

المجلة الدولية للدراسات الإسلامية المتخصصة

Publisher Country

Jordan

Publication Type

Online only

Volume

8

Year

2023

Pages

13