İSLAM HUKUKUNDA GABİN VE AKDE ETKİSİ
GABN IN ISLAMIC LAW AND ITS EFFECT ON CONTRACT

Summary/Abstract: Described in Islamic law as “to be deceived by buying something with a larger price than its worth or selling it with a smaller one”, “ğabn” was not considered as a cause making the consent disabled and the contract invalid (fâsid). But it was in question when the consent was disabled or there was an unfair detriment. To decide if there is a “ğabn-ı fâhiş” in a contract, for the majority of the jurists, the local custom regarding that contract is considered as a criteria. But a considerable amount of Hanafi jurists, despite the preferred doctrine is same as the opinion of the majority, accepted the price, that is included in the value fixed by the expert, as “ğabn-ı yasîr” and the price, that is smaller or too much than the value, as “ğabn-ı fâhiş”. The concept of “tağrîr” is described in Islamic law as “to mislead someone by having him formed an incorrect opinion or kept his former incorrect opinion to make him declare a will (irâda) in favour of you”. For that reason “tağrîr” is considered as a cause making the consent or the will of the part exposed to it disable. So “tağrîr” makes the annulment of the contract or reduction in the price or even demand for compensation possible.

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