The Fundamentals of Merchandise (Ebzae) from the Perspective of Islamic Jurisprudence Schools
Islamic jurisprudential schools have presented various reasons to justify merchandise (Ebzae) and its permissibility while offering diverse definitions and interpretations of its essence. Given the significant influence of jurisprudential principles on the nature of Ebzae, it becomes imperative to a...
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| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
University of Kurdistan
2023-03-01
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| Series: | مطالعات تطبیقی فقه و اصول مذاهب |
| Subjects: | |
| Online Access: | https://mfu.uok.ac.ir/article_62930.html |
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| Summary: | Islamic jurisprudential schools have presented various reasons to justify merchandise (Ebzae) and its permissibility while offering diverse definitions and interpretations of its essence. Given the significant influence of jurisprudential principles on the nature of Ebzae, it becomes imperative to assess these jurisprudential fundamentals critically. This research addresses the central question: "What are the reasons supporting the permissibility of Ebzae according to Islamic jurisprudential schools?" The research hypothesis posits that some of the reasons put forth to establish the permissibility of Ebzae lack sufficient justification. The present study employs a descriptive-analytical approach and relies on desk studies of both Imamiyyah jurisprudence and Sunni jurisprudence schools.
Furthermore, the research findings indicate that variations in the interpretation of Ebzae have led to disputes regarding the fundamental requirement of "voluntariness or freedom" in Ebzae and the entitlement to fair and equitable compensation. Simultaneously, this divergence has resulted in some individuals regarding Ebzae as an independent contract, while others perceive it as a subsidiary of unilateral contracts or advocacy agreements. In some instances, due to factors such as the capital owner's lack of familiarity with business practices, Ebzae is viewed as benevolent and assistance in fulfilling needs, consistent with religious recommendations. It is emphasized that a broker has the right to receive remuneration, reflecting the dignity of the Muslim transaction unless otherwise specified that the service is pro bono. |
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| ISSN: | 3041-8682 |