Research Article

Selling Abstract Rights in the Jurisprudence Of the Four Schools of Thought: A Comparative Jurisprudential Study

Authors

  • Muhammad wali Hanif Professor of the College of Islamic Sciences, Department of Jurisprudence and Doctrine, University of Education, Kabul, Afghanistan
  • Lotfollah Haq Perast Associate Professor, College of Islamic Sciences - Department of Islamic Culture - University of Education, Kabul Afghanistan

Abstract

This study dealt with abstract rights in the jurisprudence of Islamic financial transactions. This is intended to study what is related to these rights from the provisions of forfeiture, ownership and inheritance, and the study included all of this, indicating its place in the research. The research also dealt with the financial issue of the abstract right, because proving the financial description of the thing or removing it from it has an impact on the issue of compensation for it according to each of the Hanafis, Shafi’is and Hanbalis. directions, and the weighting of what he saw of them is the strongest argument and basis. The research concluded by presenting contemporary models of abstract rights, and studying the provisions related to them, in the light of the previously reported rules and provisions of the jurists. In studying this topic, I followed the descriptive, analytical and comparative approach, where I explained the concept of abstract rights and their types, their jurisprudential adaptation, and its impact on the exchange formulas and contemporary models for them, with a statement of the sayings of the four schools of thought in each issue and a statement of the most correct of them.

 

Article information

Journal

Journal of Humanities and Social Sciences Studies

Volume (Issue)

5 (9)

Pages

67-96

Published

14-09-2023

How to Cite

Hanif, M. wali, & Perast, L. H. (2023). Selling Abstract Rights in the Jurisprudence Of the Four Schools of Thought: A Comparative Jurisprudential Study. Journal of Humanities and Social Sciences Studies, 5(9), 67-96. https://doi.org/10.32996/jhsss.2023.5.9.8

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Keywords:

Right, abstract, utility, buying and selling.