coercion (تَلْجِئَةٌ)

coercion (تَلْجِئَةٌ)


أصول الفقه

المعنى الاصطلاحي :


Coercing someone to do something whose hidden reality contradicts what is apparent thereof, such as a sale.

الشرح المختصر :


"Talji’ah" (coercion) takes place when a person forces another to do something whose outward appearance is contrary to its hidden reality. Two people may agree upon something, however the outward appearance of their agreement is not what is intended, or he is coerced to do so outwardly as well as inwardly. An example of this is when a buyer and a seller secretly agree to demonstrate as though they are conducting a sale transaction in public for fear of a tyrant or an oppressor (who would seize the property), but they have no real intention to buy or sell. Jurists call this sale as "amānah sale" (deposit sale) because the commodity is considered a deposit with the buyer, so he should return it to its owner after the fear or harm is over. Some jurists call it as "Musādarah sale" (export sale), and "Sūri sale" (superficial sale).

التعريف اللغوي المختصر :


"Talji’ah": coercion or compulsion.