المعنى الاصطلاحي

Ending an assembly and leaving each participant his own way.

الشرح المختصر

"Tafarruq" (ending an assembly) means ending an assembly that was set up to conclude a contract. Its rulings vary according to its topic. What is decided in an assembly becomes invalid when the contract parties split up, and the contract becomes invalid if "tafarruq" occurs before making the payment when that is a condition of the contract validity. "Tafarruq" which makes a sale transaction binding is that which is done physically, not with words, and it varies according to the place where the contract is being made. Local custom is what counts here, so what people consider as binding "tafarruq" will be so, and what they consider not to be binding will not be binding. This is because what is not decided by the Shariah or by language depends on the custom. So, if the contract parties are in a big house, then "tafarruq" will occur by their going out from the house to the courtyard. If they are in a market or a desert, then "tafarruq" will be by turning their backs to each other and walking a small distance away. It was said that "tafarruq" occurs only when one moves away from his companion in such a way that if he talks to him in a normal tone without raising his voice, the latter will not hear him.

التعريف اللغوي المختصر

"Tafarruq": splitting up, separation. Opposite: "tajammu‘" (gathering). Original meaning of tafreeq": distinguishing, differentiating. Other meanings: going in different directions.

التعريف

- division within the nation resulting from differences in basics and the presence of multiple trends and leanings.