تجارتی معاملات میں" مبیع سے متعلق شرائط" کا اسلامی فقہ کی روشنی میں تجزیاتی مطالعہ

AN ANALYTICAL STUDY OF STIPULATIONS CONCERNING THE SUBJECT MATTER OF SALE (MABĪ‘) IN ISLAMIC JURISPRUDENCE

Abstract

Throughout history, human beings have engaged in the exchange of essential goods to fulfill their needs. Among the various methods of exchange, trade has emerged as a prominent and widely practiced system, wherein the contracting parties—the seller (بائع) and the buyer (مشتری)—engage in the transaction of goods. In such transactions, the object being sold or purchased is termed "مبیع" (the subject of sale), while the price is referred to as "thaman" (ثمن). Islamic jurisprudence (fiqh) has extensively discussed the subject of trade and its various conditions. One of the significant subtopics within commercial transactions is the legal rulings pertaining to the "mabī‘." When examining the rules and conditions related to the mabī‘, researchers encounter two primary categories of conditions: Essential Conditions of the Mabī‘: These are conditions whose presence or absence directly affects the validity of the contract of sale. The soundness or invalidity of the contract depends on these conditions.

Stipulated Conditions by Contracting Parties: These are not explicitly prescribed by Islamic law but are introduced by either party at the time of the contract. Jurists have discussed such conditions under the heading "shurūṭ fī al-mabī‘" (شروط فی المبیع). This research article focuses on the latter category, analyzing, in light of Islamic legal sources, the rulings concerning conditions stipulated by the contracting parties regarding the mabī‘ at the time of sale. For instance, if a buyer stipulates that "the animal must be a milk-yielding one" or "the animal must produce ten litters of milk daily for the sale to be valid," the study investigates whether such conditions are permissible and valid within Islamic jurisprudence.