Analyzing Customer Rights in Shuf‘a from the Perspective of Jurists of Islamic Schools of Thought

In “Shuf‘a”, besides the loss that may be suffered by the partner, the customer is also exposed to damage, therefore, it should be analyzed what rights the customer has in “Shuf‘a” and in which cases his right precedes the partner. The need to examine the mentioned question is doubly important because, in this regard, there are differences of opinion among the jurists of Islamic schools of thought. The necessary information to answer the mentioned question has been collected through the library method and analyzed through the descriptive-analytical method. Among the reviewed items is the way of paying the price; The Imamiyyah do not differentiate between paying the price to the customer immediately or deferred, but Hanafi and some Shafi‘i jurists believe that “Shafi‘” is free to choose between paying the price immediately or deferred, Maliki, Hanbali, and some other Shafi‘i jurists consider “Shafi‘” as subordinate to the buyer. Another example is the dispute regarding the profits earned from the sold item; The Imamiyyah considered the connected earned profits to belong to the “Shafi‘” and the detached earned profits to the customer, but the Sunni jurists considered the increase that does not last to belong to the customer, and they disagree about what lasts. In addition to the above two cases, other cases of customer rights have been examined in the present article from the perspective of jurists of Islamic denominations.