ꜤAwaḍ (عَوَض)

ꜤAwaḍ (عَوَض)


الفقه أصول الفقه

التعريف :


A term which refers to annotations on the text of Muntahā al-Irādāt by Ahmad ibn ꜤAwaḍ al-Mardāwī, known as Ibn ꜤAwaḍ (died 1105 ah 1694 ce).

المعنى الاصطلاحي :


The price paid in return for a sold commodity.

الشرح المختصر :


"‘Iwad" (compensation) is what is given in return for something else. In other words, it is what is paid as a price in contracts. It can be money or otherwise. An example of this is the money paid in return for buying something from a seller. "‘Iwad" is classified into different kinds according to different considerations: 1. In terms of the religious ruling, it is either a valid or an invalid compensation. A valid compensation is what fulfills the conditions of legitimacy, and the invalid compensation is what does not fulfill all or some of those conditions. Examples of invalid compensations in a sale contract: blood, dead animals, dogs, pigs, etc. 2. In terms of the type of wealth, it is either monetary or non-monetary compensation. 3. In terms of the essence of the compensation itself, it is either property, debt, benefit (usufruct), or right.

التعريف اللغوي المختصر :


"‘Iwad": compensation, recompense, replacing.