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• W3037198838 abstract "According to the Islamic scholars it is permissible to make an increase in or a discount on sale price by the supplier (dealer) or the buyer, or to make an increase in the goods that the supplier sells, backed with reasons such as deception of the supplier or the customer after the agreement, or without any reason. As a matter of fact, the Islamic scholars conclude that it is permissible to increase the prices in trade in accordance with the related verses and hadiths they present as evidence. In the hadiths they show as evidence, they accept that those required increases are not mandatory; they are mustahabb (mandub) as contingency reserve. As a matter of fact, what is essential in trade is that the balance between two scales is observed. Although it is not clear in the hadith the amount recommended to be weighed as excess, it is the excess that will be realized with a small increase. It is understood from the related hadiths that it is permissible for them to weigh the goods by adding a little more to the goods, regardless of whether it is the owner of the goods or the employee or a third party who does this work for a fee. In addition, the Islamic scholars bring forth the practices of the Companions of the Prophet Muhammad as evidence that the increases and discounts made in trade are permissible. The point on which the Islamic scholars disagree regarding this issue is whether the increase or discount is added to the main sale. At this point three different views are put forward by the Islamic scholars. These views are as follows: 1. According to Ḥanafī and Mālikī schools (sects), the increase in and the discount on price, and the increase made by the seller in the goods are a continuation of the main sale, and are included in the main sale, and are increase or decrease made affecting the actual sale price, and these are subject to the provisions dealing with the sale price or the goods agreed upon during the actual sale. For example, if the customer pays 120 TL for a product he has bought for 100 TL by paying another 20 TL, or if the seller reduces the price to 90 TL by providing 10 TL off for the product he has sold for 100 TL, or if the seller adds 2 kilograms more to the 10 kg product he/ she has sold, all of these increases and discounts would be regarded as the original sale. The contract is considered to have been made according to the last-minute sense of price and goods. 2. According to Shāfiʿī and Ḥanbalī schools (sects), if the increases and discounts made affecting the sale price are realized when there is an assembly (place where the contract is signed by both parties) or a right of option (khiyār al-shart), these increases and discounts are the continuation of the original sale, and are regarded as if the original sale. However, if the increases and discounts are not made at a time when these two rights of option are available, they are not added to the actual contract. In this case, the increases and discounts made are considered as donation (hiba). 3. On the other hand, Imām Zufar (d. 158 AH/775 CE) does not add the increase and discount in trade in any way to the actual contract. According to Imām Zufar, this increase is not a continuation of the original sale but a grant made apart from the sale price. And the discount made on a part of the money (ibrā) is that the seller abdicates some of the money he/she would receive. In case of any situation necessitates the return of the sold goods, such as; finding out that the purchased goods belonged to someone else, there are defects in goods, the contract is peccable, or the contract is terminated by mutual consent, the application of the views expressed by the sects (schools) for the increases and discounts made in trade is as follows: According to Ḥanafī and Mālikī schools, the increases and discounts made in the trade must be compensated for. According to Shāfiʿī and Ḥanbalī schools (sects), increases and discounts made, apart from the assembly (place where the contract is signed by both parties) or the right of option, are accepted as donation unrelated to the sale, and return is not required. According to Imām Zufar, since the increases and discounts made are donations unrelated to the sales, return is not required under any circumstances. The Ḥanafī school asserted certain conditions for the increase in and the discount on the sale price, and for the increase in the goods to be fixed by adding them to the original trade." @default.
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• W3037198838 date "2020-06-29" @default.
• W3037198838 modified "2023-09-25" @default.
• W3037198838 title "İSLAM BORÇLAR HUKUKUNDA BEDELLERİN MİKTARINDA YAPILAN DEĞİŞİKLİĞİN SÖZLEŞMEYE ETKİSİ" @default.
• W3037198838 doi "https://doi.org/10.46353/k7auifd.706187" @default.
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