Passport restriction in sales A procedural study on the issue of selling from a father to his son

Abstract

These papers contribute to presenting the issue of restricting the permissibility of sales in an applied way that aims to examine the systems that governed the saying in the matter and the obligations that can be repeated in each sect based on its method of consideration and inference.

On the other hand, it contributes to stimulating verification through the windows of restrictions that impose the transformation of the ruling from permissibility to against it. For this reason, the research was organized in this vanguard, the introduction of Mahd and two chapters: The first topic was devoted to transferring the image of the issue from the books of the four schools of jurisprudence.

The second topic is devoted to balancing and weighting through the windows of restricting the permissibility of selling from a father to his son.

And wholesale research is based on shortening the meanings, shortening the quotation, transferring, brevity in translation, attribution, and extracting recommendations, all within the limits of the jurisprudential approach by presentation, discussion, and weighting.

The research included the definition of the main terms, the sale from the father to the child in the jurisprudence code, and the complexities of restricting the permissibility of the sale from the parent to his child.

The research reached results, the most important of which are:

1/ The jurists differed in downloading their impact on the application side; The Shafi’is and Ibn Hazm saw the validity of contracts if their conditions were fulfilled, whatever the intentions were, and the Shafi’is hesitated about the outcome of the contract.

This necessitates that the sale from a father to his son is valid from the outset. Nevertheless, the ways of looking into the accusation remained open, narrowing in one group and widening in another.

The Malikis considered that deciding the pretext is first to preserve rights and prevent fraud, and it is necessary for them to say that the sale by the father is

not valid because it is suspected of the accusation.

The Shafi’is agreed with what the Hanafis had to do in bulk, so they corrected the contract from the outset and did not deny the effect of the accusation on the sale, but they made it conditional on the fact that it was not sufficient to suspect it.

The Hanbalis went to the view held by the Shafi’is regarding the validity of the contract, and they differed from them in invalidating it with the accusation, so they expanded on that in terms of expanding the description of the accusation according to what it most likely included in the deception of actions.

Ibn Hazm has a method that is consistent with his apparent meaning. He sees that the contract is judged to be valid based on its appearance, without examining the intentions and motives.

2/ The indication of the restriction of the passport opens a probable path that evokes a helpful amount of common data that reveals aspects of the meaning, and also helps in sounding, strengthening, weakening, balancing and weighting, and with which it is possible to translate summaries in fiqh writing, and endorse the silence about it.