A Jurisprudential Examination of the Taklifi and Vazee Rulings Concerning the Market Accused of Theft

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 22 September 2025   

Document Type: Original Article

DOI: 10.22067/jfiqh.2025.93204.1959

Authors

Mohamad Banazade^{* 1}; Reza Naeimitosi²; Balal Shakeri³

¹student of navvab religious Islamic school.mashhad.iran

²student of navvab religious islamic school.mashhad.iran

³Professor at khorasan religious islamic school

Abstract

The emergence of markets where a significant portion of the goods offered are suspected of being stolen presents a novel issue requiring precise jurisprudential examination. This research, employing a descriptive-analytical method, aims to elucidate the nature of a market under suspicion, specifically focusing on a market accused of dealing in stolen goods, and to deduce the attendant constitutive (Vazee) and obligational (taklifi) rulings. A market under suspicion is characterized by doubt and mistrust regarding its goods; however, the object of this suspicion can vary. This study specifically analyzes the market accused of theft.

Investigations reveal that when the scope of the comprehensive knowledge ('ilm ijmali) regarding the presence of stolen property in the market is limited (mahsura), the ownership of the sellers over the goods is not established, and consequently, the transactions conducted are void (batil). Although the act of transacting itself does not carry an obligational prohibition, its taking possession and delivery are religiously forbidden (haram) due to the unauthorized appropriation of another's property. Conversely, when the scope of the comprehensive knowledge is not limited, there is no impediment to establishing the seller's ownership and the validity of the transaction.

Another finding of the research is the non-authoritative nature ('adam hujiyyat) of the statements of the possessor (dhu al-yad) who is accused, concerning the purity (taharah) or impurity (najasah) of the goods in their possession. Furthermore, it is incumbent upon the Islamic ruler to announce the deduced rulings and prevent the establishment of such markets.

Keywords

Market under Suspicion; Market Accused of Theft; Market Rulings (Ahkam-e Bazar); Friday Market; Market of Muslims (Suq-e Muslimin); Testimony of the person in possession (of a property)

References