The Transaction of ʻArayā A Jurisprudential Comparative Study

Abstract

This research is concerned with the study of the issues and rulings of the transaction of ʻArayā, or the sale of fresh dates on the tree in exchange for dry dates, from a comparative and jurisprudential perspective between the four major schools of Islamic thought. This will be achieved by considering the different issues concerning this type of transaction, editing the existing dispute in its issues in a precise manner, editing the sayings of the four schools of Islamic thought in each issue, stating their evidence, and the discussions, objections and responses raised, giving the legal preferences in each of the issues of this type of sale, and explaining the disagreements amongst the scholars of jurisprudence in each issue - if any. The main conclusions to be drawn from this research are the permissibility of the transaction of ʻArayā; the transaction of ʻArayā is permitted regardless of the fulfillment of the condition of the existence of a need for this type of transaction; the impermissibility of the transaction of ʻArayā in five awsaq (a wasaq is a quantitative measure equivalent to about ten kilograms); the impermissibility of the transaction of ʻArayā except in the sale of fresh dates or dry dates. DOI: 10.35696/1915-000-023-006