The Implication of the Discourse in the Contract of Sale and its Jurisprudential Applications

Abstract

In the first section of this study, I explored the concept of Fahwa al-Khitab (the implication of the discourse). The first subsection examined the essence of both "Fahwa" and "Khitab" from linguistic and terminological perspectives. The second subsection presented an overview of the epistemological status of Fahwa al-Khitab within the semantic implications as understood by the scholastic theologians (Mutakallimin). Meanwhile, the third subsection was dedicated to elucidating related terminology, aiming to ascertain the precise nuances of concepts closely associated with Fahwa al-Khitab.​   The second section was concerned with the jurisprudential and applied aspects, and it similarly comprised three subsections. The first subsection addressed the concepts of "contract" and "sale" from lexical and technical perspectives; a contract is legally defined as "linking the elements of a disposition through offer and acceptance," and a sale is defined as "the exchange of a desirable entity for another desirable entity." The second subsection discussed the evidential basis for the legality of sales. In the final part of this section, I reviewed a series of jurisprudential applications that reveal the impact of the "implication of the discourse" in deducing legal rulings within sales contracts, illustrating how legal scholars utilized this tool to construct rulings based on both the congruent and divergent implications of the text.​   I then concluded the research with a summary outlining the most prominent scientific findings yielded by the study.