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Sale subject to a condition in Islamic law: a juristic analysis
Md. Habibur Rahman1, Muhammad Amanullah2.
In the contemporary period, there is hardly any transaction
that is detached from its respective terms and conditions. This
study aims to explore and analyze the issue of sale subject to a
condition from the viewpoints of various schools of Islamic law.
This study was accomplished through the scrutiny of the related
primary sources of these schools. The researchers have found
that the judgment of a sale with conditions is subject to the status
of the related condition itself. Any condition that conforms to
the requirements of the contract and customs is valid; otherwise
it is invalid. Similarly, the study posits that the ruling of the
contemporary transaction with terms and conditions is subject to
the status of relevant conditions. If the condition is consistent with
the contract and Shariah, it is valid and effective. Any condition
that contradicts the requisites of the contract and Shariah are
invalid and accordingly invalidate the transaction as well.
Affiliation:
- International Islamic University Malaysia, Malaysia
- International Islamic University Malaysia, Malaysia
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