بررسی بیع عربون بیعانه در فقه اسلامی و قانون مدنی افغانستان

Abstract (English)

One of the significant topics in Islamic jurisprudence and the Civil Code of Afghanistan is the concept of Bay’ Arabun (earnest money or deposit). Bay’ Arabun is a contract in which the buyer pays part of the purchase price in advance. If the sale is completed, the amount counts toward the total price; if not, it belongs to the seller. This study aims to examine the concept and ruling of Bay’ Arabun according to Islamic schools of thought and Afghan civil law. The research uses an analytical-descriptive method and relies on reputable library sources. Findings indicate that Bay’ Arabun is a conditional contract, with varying rulings across Islamic schools: invalid according to Hanafi, Shafi‘i, and Maliki schools, and permissible according to the Hanbali school. Most scholars consider the amount part of the total price. Although Afghan civil law does not define Bay’ Arabun explicitly, it recognizes the contract as valid. Payment of earnest money at the time of concluding the contract confirms its certainty, unless otherwise agreed or customary. If the depositor withdraws, the amount is not refundable; if the recipient withdraws, the original amount and its equivalent must be returned. Bay’ Arabun serves as a tool to secure contracts and ensure financial obligations, making it an important mechanism in transactions across Islamic countries. Understanding its rules is crucial for legal professionals and traders alike.

English