البيوع الفاسدة والباطلة وآثارها في الفقه الإسلامي

Abstract

This research will discuss the state of the Corrupt and false sales in Islamic jurisprudence. This study will discuss the transactions that do not fulfill its tenets or there is Sharak`s prohibitions on it, as well as its effects for those who are engaged in those financial transactions. Furthermore, the study will also discuss the methods of correction and rectification for void or invalid transactions and consequently do not cause those who fall into the abolished and invalid transactions in hardship and hardship. This study is prepared based entirely on library research. The study found that prohibition can make the transaction void if it relates to the principle and tenet of the transaction or if it has become part of the transaction. But if it does not relate to the tenet of the transaction or not become part of the transaction, the prohibition does not invalidate the contract although it makes contract to be considered as haram/prohibition contract. The effects of the null and corrupted contracts can be seen as whether they need to be re-executed or not, as well as the rights of the parties involved in the contract, namely the existence of Shariah effects on the valid contract and absence of Shariah effects for void/invalid contract. The study also found that an invalid contract could be ratified and this would give the opportunity to those who did the mistake to fix it without plunging them into the difficulties.