Abstract:

Described in Islamic law as “to be deceived by buying something with a larger pricethan its worth or selling it with a smaller one”, “ğabn” was not considered as a causemaking the consent disabled and the contract invalid (fasid). But it was in questionwhen the consent was disabled or there was an unfair detriment.To decide if there is a “ğabn-ı fahis” in a contract, for the majority of the jurists, thelocal custom regarding that contract is considered as a criteria. But a considerableamount of Hanafi jurists, despite the preferred doctrine is same as the opinion of themajority, accepted the price, that is included in the value fixed by the expert, as “ğabn-ıyasîr” and the price, that is smaller or too much than the value, as “ğabn-ı fahis”.The concept of “tağrîr” is described in Islamic law as “to mislead someone by havinghim formed an incorrect opinion or kept his former incorrect opinion to make himdeclare a will (irada) in favour of you”. For that reason “tağrîr” is considered as a causemaking the consent or the will of the part exposed to it disable. So “tağrîr” makes theannulment of the contract or reduction in the price or even demand for compensationpossible.

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