DoctorateOpen Access

Auction (muzayadah) contract in Islamic law

2021
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Advisor: Prof. Dr. Hüseyin Esen

Abstract (EN)

This study is an evaluation of the auction method, which is used to establish contracts such as sale and rent, to determine the highest price offer among the bidders, in terms of Islamic law. The auction, whose history dates back to the 5th century BC, has been used by many societies in the past. After the advent of Islam, it continued to be used by Muslims. In classical Islamic law sources, it has been deemed necessary to use the auction method by taking into account the costs of debtors and payees in the sales of goods that are mostly foreclosed by forced execution. Thanks to the auction, it is aimed to increase the demand for the subject of sale and to obtain more benefits as a result. Today, the auctions are practiced in many fields by both private individuals and public organizations. Although it is mostly used in sales contracts, it is also used in contracts such as rent and exchange. Although it is mostly used in sales contracts, it is also used in contracts such as rent and exchange. In terms of Islamic law, there is no harm in using the auction in contracts that are accepted as permissible in principle and can be concluded by auction. However, Islamic law has prohibited the auctioneer from performing tricks such as nacash and tadlees and likewise from resorting to irregularities such as bidders agreeing among themselves not to increase the price after a certain price. Keywords: İslamic Law, Auction, Sales, Compulsory Execution, Nacash.

Author

Dr. Şeyhmus Aksak

How to Cite

Şeyhmus Aksak (Doctorate thesis). Auction (muzayadah) contract in Islamic law, 2021, Dokuz Eylül University.

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