The implications of ghubn in islamic contracts : an analysis of current practices

Mutual consent is one of the important elements in Islamic law of contracts. However, the consent itself may be disrupted by defects that can affect parties to the ontracts. There are a number of vitiating factors that may have effect on the validity of contract such as tadlis, ikrah, ghubn etc. Thi...

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Main Authors:	Omar, Muhamammad Naim, Arifin, Mahamad, Mohammad Napiah, Mohammad Deen, Abdullah, Mohamad Asmadi
Format:	Article
Language:	English
Published:	American-Eurasian Network for Scientific Information (AENSI), Jordan 2011
Subjects:	BP140 Islamic law (Fiqh)
Online Access:	http://irep.iium.edu.my/15841/ http://irep.iium.edu.my/15841/ http://irep.iium.edu.my/15841/1/muhammad_naim.pdf

id	iium-15841
recordtype	eprints
spelling	iium-158412012-02-11T17:03:18Z http://irep.iium.edu.my/15841/ The implications of ghubn in islamic contracts : an analysis of current practices Omar, Muhamammad Naim Arifin, Mahamad Mohammad Napiah, Mohammad Deen Abdullah, Mohamad Asmadi BP140 Islamic law (Fiqh) Mutual consent is one of the important elements in Islamic law of contracts. However, the consent itself may be disrupted by defects that can affect parties to the ontracts. There are a number of vitiating factors that may have effect on the validity of contract such as tadlis, ikrah, ghubn etc. This article however seeks only to focus on the concept of ghubn and its effects on contracts. In doing so, the study will look into the meaning of ghubn, its classification as well as its effect on the consent of contracting parties. Juristic views of renowned school of Islamic laws will be consulted. On the issue of temporary practices, there are types of contract whereby, one of the contracting parties has no choice, but to agree to the prices as stipulated in terms and conditions imposed by the other party. In this case, even though the contracts are considered as legally valid by the presence of offer and acceptance (‘aqd), the question may arise whether what appears in the contracts really reflects the actual consents of the parties This issue will also be discussed in this paper, together with a few other related concepts, such as, talaqqi al-rukban, najash, khiyar ,mustarsil etc. It is found that in general, any party affected by ghubn may seek remedy through khiyar al-ghubn. In order to invoke this type of khiyar certain conditions must be fulfilled inter alia, the contracting party is ignorant of the market price and the ghubn is excessive. American-Eurasian Network for Scientific Information (AENSI), Jordan 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/15841/1/muhammad_naim.pdf Omar, Muhamammad Naim and Arifin, Mahamad and Mohammad Napiah, Mohammad Deen and Abdullah, Mohamad Asmadi (2011) The implications of ghubn in islamic contracts : an analysis of current practices. Journal of Applied Sciences Research, 7 (13). pp. 2177-2181. ISSN 1819-544X http://aensionline.com/jasr/jasr/2011/2177-2181.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	BP140 Islamic law (Fiqh)
spellingShingle	BP140 Islamic law (Fiqh) Omar, Muhamammad Naim Arifin, Mahamad Mohammad Napiah, Mohammad Deen Abdullah, Mohamad Asmadi The implications of ghubn in islamic contracts : an analysis of current practices
description	Mutual consent is one of the important elements in Islamic law of contracts. However, the consent itself may be disrupted by defects that can affect parties to the ontracts. There are a number of vitiating factors that may have effect on the validity of contract such as tadlis, ikrah, ghubn etc. This article however seeks only to focus on the concept of ghubn and its effects on contracts. In doing so, the study will look into the meaning of ghubn, its classification as well as its effect on the consent of contracting parties. Juristic views of renowned school of Islamic laws will be consulted. On the issue of temporary practices, there are types of contract whereby, one of the contracting parties has no choice, but to agree to the prices as stipulated in terms and conditions imposed by the other party. In this case, even though the contracts are considered as legally valid by the presence of offer and acceptance (‘aqd), the question may arise whether what appears in the contracts really reflects the actual consents of the parties This issue will also be discussed in this paper, together with a few other related concepts, such as, talaqqi al-rukban, najash, khiyar ,mustarsil etc. It is found that in general, any party affected by ghubn may seek remedy through khiyar al-ghubn. In order to invoke this type of khiyar certain conditions must be fulfilled inter alia, the contracting party is ignorant of the market price and the ghubn is excessive.
format	Article
author	Omar, Muhamammad Naim Arifin, Mahamad Mohammad Napiah, Mohammad Deen Abdullah, Mohamad Asmadi
author_facet	Omar, Muhamammad Naim Arifin, Mahamad Mohammad Napiah, Mohammad Deen Abdullah, Mohamad Asmadi
author_sort	Omar, Muhamammad Naim
title	The implications of ghubn in islamic contracts : an analysis of current practices
title_short	The implications of ghubn in islamic contracts : an analysis of current practices
title_full	The implications of ghubn in islamic contracts : an analysis of current practices
title_fullStr	The implications of ghubn in islamic contracts : an analysis of current practices
title_full_unstemmed	The implications of ghubn in islamic contracts : an analysis of current practices
title_sort	implications of ghubn in islamic contracts : an analysis of current practices
publisher	American-Eurasian Network for Scientific Information (AENSI), Jordan
publishDate	2011
url	http://irep.iium.edu.my/15841/ http://irep.iium.edu.my/15841/ http://irep.iium.edu.my/15841/1/muhammad_naim.pdf
first_indexed	2023-09-18T20:24:44Z
last_indexed	2023-09-18T20:24:44Z
_version_	1777408340711702528

The implications of ghubn in islamic contracts : an analysis of current practices

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