Examining the Necessity of Paying the Total Price in the Forward Sale Session in Imami and Maliki Jurisprudence

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Omidifard Abdollah; Najm Akbar

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Journal Paper

Paper Information

Journal: JURISPRUDENCE AND FUNDAMENTALS OF ISLAMIC LAW Year:2022 | Volume:55 | Issue:1 Page(s): 52-31

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Information Journal Paper

Title

Examining the Necessity of Paying the Total Price in the Forward Sale Session in Imami and Maliki Jurisprudence

Author(s)

Omidifard Abdollah | Najm Akbar | Issue Writer Certificate

Keywords

Sale

salaf (forward sale)

price possession

Consensus

gharar (risk-taking)

Abstract

From the popular view among Imami jurists, as well as Shafi'i, Hanbali and Hanafi jurists, it is necessary to pay the full price in the forward sale session before the separation of the parties, and if the full price is not paid, the transaction will be void. However, in spite of the mentioned condition, the above condition is not fulfilled by the jurists in the type of transactions between the people; because the main reason for the prevalence of this type of transaction in the present age - which is referred to as pre-purchase or pre-sale - is the inability of the customer to pay the full price, and its dividing allows the customer to pay the full price. Now, the question is whether there is a justifiable reason for paying the full price in the contract session in terms of jurisprudence, and is it possible to answer the above challenge according to Imami jurisprudence and Maliki jurisprudence? This article, which has been written in a descriptive-analytical method with reference to Maliki jurisprudence, by drawing conclusions from various arguments stated by the jurists for the mentioned condition and reviewing each of them, concludes that the above condition is not correct and giving all the price in the contract assembly is not valid from the point of view of Imami and Maliki jurisprudence.

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