DAMAGE İN TERMS OF İTS EFFECT ON THE SAFETY OF THE CONTRACT OF SALE

The principle of doing no harm and removing harm is an important factor in the formation of both Islamic law and other legal systems, and is mentioned as the basis of many provisions. Harm, which we encounter in almost all subjects of fiqh, from method to fury, is a very broad concept. One of these areas where the damage is effective is the law of obligations in general and the theory of contract in particular. Because the damage is effective in the establishment, health, necessity and execution of the contracts, and it is mentioned as the reason for many provisions in the formation of these issues. In this article, the effect of damage in the theory of corruption belonging to the Hanafi sect, specific to the contract of sale, has been discussed by examining the examples of furu, and it has been tried to be explained with examples. In this context, firstly, the definition and types of damage were discussed, and then the effect of the damage on the health of the sales contract was presented with examples. Then, examples of damage as an independent cause of mischief are given, and then the effect of damage on other causes of mischief is tried to be explained with examples.