Abstract

Repurchase what he sold for less than what he sold before cashing the first price according to the Hanafis Jurisprudence

Research Purposes: The study aims to trace the the Hanafis jurisprudence in Repurchasing what was sold for less than what it sold, its restrictions, its ruling, and the details of the Hanafi school in it and their branches, and their foundations in prohibiting it, with study and analysis, with a comparison in that with the similar sales at the other three Islamic doctrines of jurisprudence, highlighting the nuances of the four schools in that. The researcher did not find anyone who singled out the Hanafi school in this sale in an independent study. Its foundations, accurate rules and details.

Methodology: The study followed a descriptive and analytical approach, where everything related to Repurchasing what was sold for less than what it was sold in the books of Hanafi jurisprudence was traced, with presentation and analysis, in addition to a general comparison in that with other jurisprudence schools.

Findings: The study arrived at different findings, the most outstanding are: The Hanafis prohibit repurchasing the sold thing from its purchaser at a lower price, before cashing in the first sale price. It is necessary to distinguish between the aforementioned sale and the Ali’na sale at the Hanafi school and with other schools of jurisprudence. The most important Hanafi evidence regarding prohibition are: Aisha’s objection on Zaid bin Arqam, the usury of sales, and the profit of what was not guaranteed. This sale at the Hanafis corresponds to what so called the sale of deferred terms according to the Malikis and the sale of Ali’na according to the Shafi'Is and Hanbalis, with many differences in the basis of the prohibition and the details. It is wrong to attribute the justification for preventing this sale according to Abu Hanifa by blocking the pretext to usury. Although the most correct opinion according to the researcher regarding this is the basis of the Maliki and Hanbali doctrine of prohibition, which is to block the pretext for usury.

Keywords: Repurchase. Sale. Usury. Blocking the pretexts. Ali’na.

Title

مجلة الميزان للدراسات الإسلامية والقانونية

Publisher

جامعة العلوم الإسلامية العالمية

Publisher Country

Jordan

Publication Type

Both (Printed and Online)

Volume

11

Year

2024

Pages

255-288