المخالفات الشرعية في بيع الخضروات مغيبة الأصول في البساتين دراسة فقهية مقارنة: فلاحو ولاية الوادي أنموذجا

Abstract

This dissertation is entitled: “Sharia violations in the sale of root vegetables: a comparative fikh study - farmers of province of Eloued as a sample -”, the principal problem is: what are the sharia violations in the sale of root vegetables committed by the farmers and the merchants in this area, what are the consequences of this violations and what is the way to make this deal consistent with the true Sharia." This research contains two chapters, The first one was devoted to the detailed fikh’s rooting of the issues in which the violations occurred at the moment of selling this vegetables according to the four schools and the apparent school, the second chapter was devoted to describe the sale process, to mention the committed violations, to suggest the measures to make this deal consistent with the true Sharia and then to mention the status of the fatwa in the area concerning this deal. The main results that the memo came out are that in the process of selling these vegetables, three different violations can happen , the first is selling in ignorance of the amount of the two barters, the second is the start of debt in exchange for debt, and the third is depriving the buyer of the right to choose the defect, and all these violations can be avoided by simple procedures. Among the most important recommendations of this research is to invite imams of mosques and those who involved in the fatwa in the region to explain these violations to farmers and merchants and guide them to doctrinal exits.