ISLAMIC LAW OF TRANSACTION. QUESTION 2 CONCEPT OF MISTAKE AND ITS CATEGORIES. GROUP MEMBERS. IMPEDIMENTS TO CONSENT IN ISLAMIC CONTRACT. 4 Grounds of the impediments. Definition of Mistake (Ghalat). Concept of mistake in islamic contract.
ISLAMIC LAW OF TRANSACTION
CONCEPT OF MISTAKE AND ITS CATEGORIES
MISTAKE AS TO OBJECT
MISTAKE AS TO MEANING (GHALAT AL-MAA'NA)
“If the object is declared in kind (Jins) and the object proves to be another kind, the sale is invalid (batil)”.
MISTAKE WITH STIPULATION OF INTENTION
1) Manifest expression of intent
2) Deduction of intent from circumstances of the case
3) Deduction of intent from the nature of the things
Expression of intents formula are al- Tasmiya (nominator) and al- Inshara (indication)
Nomination represents the real will of the contracting party
Indication represents the apparent will A
sales by catalogue
selling stone in a market for a precious jewel may reasonably be assumed to be that category of value.
The option of defect
NON- DISCLOSURE OF THE WILL
If a contractor agrees to buy an object without having seen it, he is allowed an Option of Inspection, which gives him a right to ratify or rescind the contract.
A contract formed by the will of two parties cannot be valid when the will of one of those parties has been breach by mistake as to the intended object.
MISTAKE AS TO PERSON
1) Marriage Contract.
2) Unilateral Contract of Gift.
3) Unilateral Contract of Bequest
MISTAKE AS TO LAW
MISTAKE AS TO VALUE (GHABN AL-FAHISH)