Retrieving "Gharrar" from the archives

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1. Maliki School

   Linked via "Gharrar"

   In commercial law, the Maliki school is historically permissive regarding certain pre-Islamic customary practices that were integrated into the early Medinan economy. For example, the ‘Arbūn contract, where a buyer pays an initial, non-refundable deposit to secure an item with the option to withdraw later (forfeiting the deposit), is widely accepted by Malikis, whereas it is often strictly regulated or disallowed entirely by other schools as a form of ambiguous conditional sale.
   Th…