Prohibited sale transactions (بُيوعٌ مَنْهِيٌّ عنها)

Prohibited sale transactions (بُيوعٌ مَنْهِيٌّ عنها)


أصول الفقه

المعنى الاصطلاحي :


Prohibited sale transactions by the Shariah.

الشرح المختصر :


"Buyoo‘ manhiyy ‘anhā" (prohibited sale transactions) are sale transactions that meet the conditions of the valid sale in general. However, a sale is not valid unless its conditions are met and its impediments are missed. The impediment in these sale transactions could be pertaining to a right of Allah, the Almighty, like a sale made after the second call to the Jum‘ah prayer; or it could be pertaining to a right of a person, like selling something that has already been sold to someone else or going out to meet the riders in a trade caravan; or it could be pertaining to a right of Allah, the Almighty, and a right of a person as well, like the sale transactions that involve usury. Although it may be that the sale meets the conditions of a valid sale, but for the sale to be valid the conditions must be met and impediments missed. The basic rule of the sale and commercial transactions is permissibility. So if a transaction includes usury, ambiguity, oppression, or taking people's property unlawfully, it is considered forbidden. The same ruling applies of one or more of the conditions of a valid sale is missed.