Sell Mastercell; Re-examining the nature, effects and relationship measurement with the Sale based on the opinion of one of the parties to the contract

Articles in Press

Document Type : Original Article

Authors

• nabi sobhani ¹
• karim kokhaizadeh ²

¹ Assistant Professor, Department of Islamic Studies, Faculty of Theology, Ilam University, Ilam, Iran

² Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Theology and Islamic Education, Ilam University, Ilam, Iran.

10.22067/jfiqh.2024.87461.1766

Abstract

The term Mustrasal has been discussed by scholars in the context of its implications for the legitimacy of “khayar ghabn” but they have not delved into analyzing the concept of this term and its connection to “Sale based on the opinion of one of the parties to the contract”. The objective of this research, is to analyze the concept and nature of “Mustrasal” express its ruling, and examine the relationship between “selling Mustrasal” and “Sale based on the opinion of one of the parties to the contract”. This study employs an analytical-descriptive approach, and in the semantic understanding of “Mustrasal” it concludes that a “Mustrasal” is someone who trusts and relies on the counterparty in pricing goods. This pricing transfer is not limited to before the contract; it can occur simultaneously with or after the contract. Therefore, in cases of determining prices after the contract, it falls under the category of “Sale based on the opinion of one of the parties to the contract” according to one of the contracting parties. Consequently, the general and specific relationship between “selling Mustrasal” and “Sale based on the opinion of one of the parties to the contract” is established, and based on the validity of “selling Mustrasal” the validity of “Sale based on the opinion of one of the parties to the contract” is affirmed in certain valid scenarios,

Keywords

• Mustersel
• price
• sale
• ignorance

Main Subjects

• Civil jurisprudence

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