پراپرٹی کی فائلز کی خرید وفروخت کی مروجہ صورتیں تحقیقی وتنقیدی جائزہ

A critical analysis of conventional forms of sale and purchase of property files and their rulings

Abstract

The property market is thriving in today's era, particularly in major cities, and it serves as a significant source of business that impacts the livelihoods of millions. However, this industry's growth has brought about new and complex situations, one of which is the sale and purchase of property files. Property files typically represent the initial stage of acquiring property in developing areas and societies. For instance, when purchasing property in a new residential area, the process often begins with the transaction of selling and purchasing property files. It is important to note that the file itself is not the property; rather, it represents the underlying property. As Muslims, it is our responsibility to understand the nature of these trades, determine their compliance with Sharia, and engage in lawful transactions while avoiding prohibited and unethical practices. To achieve this, one must grasp the fundamental principles of buying and selling. By applying these principles to the current landscape of file trading, it becomes easier to comprehend the transactions. For example, Sharia dictates that the sale and purchase of nonexistent, unowned, or unknown properties are not valid. Therefore, selling a file without an existing or identifiable property is impermissible according to Sharia. In order to address this issue, the article will delve into the principles of buying and selling, along with essential types of transactions. These rules will then be applied to evaluate the status of various property file transactions in accordance with Sharia. By doing so, the article aims to distinguish between legal and illegal transactions while offering alternatives to unlawful practices. The article is divided into two main parts. The first part explores the fundamental principles of buying and selling, specifically those related to immovable properties. The second part examines different types of property file transactions and applies the aforementioned principles and rules to analyze contemporary issues within the buying and selling of property files. Through this analysis, the article aims to identify both legal and illegal transactions according to Sharia. Furthermore, it presents alternative approaches to illegal transactions. By comprehensively addressing these topics, the article strives to provide a thorough understanding of the subject matter and guide individuals towards engaging in lawful and ethical transactions within the real estate market.