Rulings derived from Hadith Khilāba and contemporary applications

حدیث خلابہ سے مستنبط احکام اور معاصر اطلاقات

Abstract

Hadith Khilāba refers to the tradition which was narrated by a companion of the Prophet, peace be upon him, Habban bin Munqidh or his father, Munqidh bin Amru, that he was often cheated in matters of buying and selling, due to which he had to suffer losses. The Messenger of Allah, peace be upon him, said to them, "When you do any business of buying and selling, say that there will be no fraud and I will have authority for three days."

All forms of Khilāba and all other methods by which one of the parties tries to deceive, can cause defects in the consent of the other party and affect the binding force of the party, and the Shariah in favor of the party who has cheated, exercises this option under which he has the right to invalidate the contract in the light of different schools of thoughts of Islamic jurisprudence.