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            <front>

                <journal-meta>
                                    <journal-id></journal-id>
            <journal-title-group>
                                                                                    <journal-title>Sakarya Üniversitesi İlahiyat Fakültesi Dergisi</journal-title>
            </journal-title-group>
                            <issn pub-type="ppub">2146-9806</issn>
                                        <issn pub-type="epub">1304-6535</issn>
                                                                                            <publisher>
                    <publisher-name>Sakarya Üniversitesi</publisher-name>
                </publisher>
                    </journal-meta>
                <article-meta>
                                        <article-id/>
                                                                                                                                                                                            <title-group>
                                                                                                                        <article-title>İSLAM HUKUKUNDA GABÄN VE AKDE ETKÄSÄ</article-title>
                                                                                                                                                                                                <trans-title-group xml:lang="en">
                                    <trans-title>Gabn in Islamic Law and its Effect on Contract</trans-title>
                                </trans-title-group>
                                                                                                    </title-group>
            
                                                    <contrib-group content-type="authors">
                                                                        <contrib contrib-type="author">
                                                                <name>
                                    <surname>Atmaca</surname>
                                    <given-names>Gökhan</given-names>
                                </name>
                                                                    <aff>SAKARYA ÜNİVERSİTESİ</aff>
                                                            </contrib>
                                                                                </contrib-group>
                        
                                        <pub-date pub-type="pub" iso-8601-date="20081215">
                    <day>12</day>
                    <month>15</month>
                    <year>2008</year>
                </pub-date>
                                        <volume>10</volume>
                                        <issue>18</issue>
                                        <fpage>129</fpage>
                                        <lpage>150</lpage>
                        
                        <history>
                                    <date date-type="received" iso-8601-date="20120515">
                        <day>05</day>
                        <month>15</month>
                        <year>2012</year>
                    </date>
                                            </history>
                                        <permissions>
                    <copyright-statement>Copyright © 2001, Sakarya Üniversitesi İlahiyat Fakültesi Dergisi</copyright-statement>
                    <copyright-year>2001</copyright-year>
                    <copyright-holder>Sakarya Üniversitesi İlahiyat Fakültesi Dergisi</copyright-holder>
                </permissions>
            
                                                                                                <abstract><p>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.</p></abstract>
                                                                                                                                    <trans-abstract xml:lang="en">
                            <p>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</p></trans-abstract>
                                                            
            
                                                            <kwd-group>
                                                    <kwd>Gabin</kwd>
                                                    <kwd>   Tağrir</kwd>
                                            </kwd-group>
                                                        
                                                                            <kwd-group xml:lang="en">
                                                    <kwd>Gabn</kwd>
                                                    <kwd>  Tagrir</kwd>
                                            </kwd-group>
                                                                                                            </article-meta>
    </front>
    <back>
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