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Bazı Tarım Ürünlerinin “Emanet” Adıyla Satılması ve Bunun İsticrâr Akdi ile İlişkisi.
- Source :
-
Tevilat: Journal of Islamic Sciences . yaz2023, Vol. 4 Issue 1, p149-178. 30p. - Publication Year :
- 2023
-
Abstract
- Price uncertainty arising in the contract of sale is one of the important issues that we encounter in some current issues. Undoubtedly, one of the important factors that prompts people to make a contract with price uncertainty is the aim of preserving the value of the goods or receivables due to the weakening of purchasing power. In this context, in periods of high inflation, futures purchases have to be made without determining the price of the commodity. In this context, in our study, the type of contract made under the name of "trust" without determining a price in some regions of our country has been discussed. Fiqh evaluations are made that point to the fact that such contracts should be based on qard and salam contracts for their validity in fiqh, and that such contracts will be valid in the context of "isticrâr" in their current form. In fact, in this study, although the fiqh status of the application in terms of trust, qard and sales contract was evaluated, it was concluded that it would not be correct to accept such a contract as a trust and qard contract when the aims and intentions of the parties are clear. On the other hand, the issue has been discussed in the context of the contract of sale, and the aspects that differ from the contract type called "isticrâr" have been tried to be determined. In this respect, some suggestions have been presented in order to evaluate the application as a contract of isticrâr. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Turkish
- ISSN :
- 26874849
- Volume :
- 4
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- Tevilat: Journal of Islamic Sciences
- Publication Type :
- Academic Journal
- Accession number :
- 170379207
- Full Text :
- https://doi.org/10.53352/tevilat.1298335