What type of study is this?

This is a Descriptive study (also classified as: Analytical).

September 10, 2025

Jurisprudential examination of the prohibition of two sales in one sale from the point of view of Hanafis and Shufais

Key Points

The principle of proportionality in crime and punishment underpins the discussion of doubt in Islamic jurisprudence.
Differing classifications of doubt exist in Hanafis and Shafa'is, affecting the understanding of legal limits.
The rejection of limits due to doubt leads to significant variations in legal outcomes for the accused.
Descriptive and analytical methods are utilized to explore the complexities of legal doubt and its implications.

Abstract

Undoubtedly, the issue of removing limits and retribution by suspicion is one of the important issues and it has been mentioned as a basic rule in the books of criminal jurisprudence throughout the ages, and the principle of proportionality of crime and punishment, and it is undoubtedly compatible, suspicion according to Rajeh's definition: the expression of What is related to one of the elements of the crime or the reason for its proof, from the defect that causes the removal of its maximum punishment. Types of doubt: Hanafi scholars divide doubt into three types: 1-Doubt in action or wrong doubt. 2-Doubt in the place, property or legal doubt. 3-Doubt in the contract. Shafi'i scholars have divided doubt into three types: 1 -Doubt in place 2-Doubt in subject 3-Doubt in degree. There are two opinions about rejecting the limits of waqfs for doubts: 1- the majority of the jurists: it is valid for rejecting it; 2- the opinion of Ibn Hazm Zahiri and his followers: it is not valid for the rule of rejecting the limits of waqfs for doubts. After mentioning the reasons for each of them, it seems that the opinion of the president of the religious jurists is preferable. The results of the order on the rule of rejecting the limits of punishment and retribution for suspicions: in some cases, the legal limit is rejected and the accused is completely acquitted, and in some other cases, the limit of retribution is rejected, but the penalty is imposed. He adapts. In this article, an effort has been made to address this issue from different angles; For example, the introduction of doubt and related terms, how to remove limits and retribution for doubts, in addition to the opinions of the noble jurists and the reasons for each and every one of them, the effect of order on the rule of rejecting limits and retribution for doubts, and finally the conclusion, it is worth mentioning that the method The research in this article is descriptive and analytical; The issue of disposing of the limits and qisas to doubts has been described and analyzed, and authentic jurisprudential books have been used.

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