The Consequences of Sales and their Jurisprudential Rules

Abstract

This study aims to elucidate the reality of the consequences of sales and their jurisprudential rules, especially since it is one of the issues that has not received sufficient attention in research despite its importance in the field of financial transactions. The study used both inductive and analytical methods to achieve this goal, leading to several conclusions. It found that in Islamic jurisprudence, the consequences of sales refer to what is attached to the sale without specification, whereas in positive law, there is no clear meaning for it. Additionally, it was observed that the concept has multiple forms in Islamic jurisprudence, while it has a single form in positive law. Furthermore, the study revealed that there are multiple reasons for the consequences of sales in Islamic jurisprudence, whereas there is only one reason in positive law. Moreover, it was found that the principle of "al-tabi' tabi'" (the attached is attached) is the governing principle for the consequences of sales in Islamic jurisprudence, from which several rules branch out.