«مانع يمنع انعقاد العلة، كبيع الحر والميتة والدم»
One impediment prevents an effective cause from being constituted, illustrated by purported sale of a free person, carrion, or blood.
These examples lack the legally qualifying subject matter for the relevant sale, so the ordinary legal basis of a sale does not form.
An impediment to formation operates before the essential legal relationship is established; it does not merely suspend a consequence of an otherwise qualified transaction.
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Effective Cause, Occasion, Condition, Impediment and Challenges to Qiyas
«مانع يمنع انعقاد العلة، كبيع الحر والميتة والدم»
One impediment prevents an effective cause from being constituted, illustrated by purported sale of a free person, carrion, or blood.
These examples lack the legally qualifying subject matter for the relevant sale, so the ordinary legal basis of a sale does not form.
An impediment to formation operates before the essential legal relationship is established; it does not merely suspend a consequence of an otherwise qualified transaction.