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Finance · 1 mentions
#1997711551097417769
#No_objection_to_the_customer_signing a binding agreement with the bank to rent the property if the bank purchases it. If he fails to do so, he shall be fined the amount of the expenses incurred by the bank in this transaction, including the difference in price if the bank sells the property for less than its purchase price. This does not include lost opportunities or profits. #Rule: The generality of the wording does not leave room for a specific reason. (In His saying, {And fulfil the covenant}, it is general in every covenant). #Rule: A promise is not a penalty. (The enforceability of a promise does not change its nature, even if the promise is binding by law or custom, it does not become a contract, because the enforceability here is not because the promise is a contract, but because it caused financial dependence or caused harm when it was not fulfilled, so it is an obligation to compensate when it is breached, not the creation of a contract. Therefore, the customer's promise to rent the property from the bank is not a contract , but rather a commitment to contract in the future. #Rule: Anyone who seeks to revoke what has been done on their part will have their efforts rejected. (Seeking to revoke the intended means of revocation and the customer's refusal destroys the process, so compensation for damages is required). #Rule: There is no consideration for presumption when it is known that the benefit does not exist. (Not including the opportunity or lost profit: One may think that the bank would have made a profit if the lease had been concluded, but the absence of the lease means that there was no lease contract in the first place, and therefore none of the causes of profit were realised. The lost profit is merely a presumption, while the cause of the profit is non-existent due to the absence of the lease, so the lost profit is not guaranteed because it is not based on an actual financial reality). #Rule: Custom is not considered if it contradicts the provisions of Sharia law. (Even if it is customary for merchants to demand expected profits, this is not considered valid according to Sharia law). #Rule: The original principle is to consider the consequences. (It can be said that binding the promise achieves the right outcome and prevents conflict). #Rule: What is established by custom is like what is established by text. (Current banking practice makes the promise binding). #Rule: Consider the general need as equivalent to a specific necessity. (The banking need to control financing makes binding promises permissible in transactions). #Rule: Those who rush things before their time will be punished by being deprived of them. (The customer's failure to follow through after commencing is considered rushing, which affects the contract). #Rule: The penalty is of the same nature as the act. (The court ruling holds the perpetrator liable for the damage he caused). #Rule: The burden of proof is on the claimant, and the oath is on the denier. (The bank proves the expenses with evidence through a document signed by the customer before the bank purchases). #Rule: Custom specifies the general and restricts the absolute. (Lost opportunity or profit is not usually compensated in such cases and is therefore disregarded). #Rule: Damages are paid to the extent possible. (The reason for the fine or compensation (the value of the expenses and the price difference if the bank sold the property for less than its purchase price) is to pay the damages to the bank). #Rule: If the cause ceases to exist, the ruling ceases to apply. (Compensation is limited to actual damage, so if there is no actual damage, such as the sale of real estate at a profit, there is no compensation). #Rule: The subordinate follows the principal. (The penalty is subordinate to the promise, so if the promise is binding, compensation is binding).