The Meeting of Descriptions with Prices and Their Impact on Sales: An Applied Jurisprudential Study in the Hanafi School

الفقه، الفقه الحنفي، المعاملات، البيوع، الوصف، الثمن، الخيارات

Abstract

ABSTRACT

Objectives:

This study came to answer the extent of the Hanafis’ commitment to building subsidiary rulings on their jurisprudential fundamentals. The choice of the special indications which is considered one of the most important Positional indications. Because it includes the two topics of: The command and prohibition with which the legal mandate rulings revolve, it aimed to know the significance of the special indication on its connotation.

Methods:

The researcher used the inductive approach by collecting information from approved fundamentalist books, main references and precise researches, then analyzing, dismantling and reconstructing the issues, and then comparing the inputs to reach the results and outputs.

Results:

The study concluded that the Hanafi school adheres to the special indication on its connotation, as it is self-explanatory and does not need an explanation, also, it shall not be added to it by one’s report or by analogy, and that the judiciary is proven by what the performance is established by.

Conclusions:

The study of fundamentalist rules is the main basis for knowing the place of the doctrinal dispute, It is not enough just to look at the books of the branches and Inference with partial evidence, As it was found through the study that the branches built by the Hanafi school did not violate the special indications in terms of cutting, copying, increasing and signifying, Therefore.