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Volume :22 Issue : 69 2007      Add To Cart                                                                    Download

Forms of Financial contracts, reception and delivery.

Auther : Dr. Ismail Kazem Al-Issawi

 

 

Forms of sales reception and delivery have various ways. Development in all walks of life affected styles of goods receiving and delivery. In the past delivery used to be carried out hand by hand. Nowadays possession of real estate takes different forms. It may be done through a bank transfer or by receiving a lading document of merchandise that may be delivered by air or by sea or by land .As reception and delivery are the intention of the contracting parties on signing the contract The object of the seller is to get the price and receive it .The object of the purchaser is to get the purchased goods

and have it in his possession. Allah (sub hanahu wa taala) ordered us to fulfill contracts. Fulfillment of sales contracts is reception of sold merchandise and their delivery to the new owner. .

Legality of reception and delivery has been mentioned in texts of Holy Sunna and sayings and deeds of Sahabah(Companions of the Holy Prophet)but scholars of fiqh  differed in whether it is obligatory in   all goods and sales or   limited to some kinds only?

The research has discussed that issue .Through discussions and exposing evidences it was found out that it was not obligatory in all goods as it was expounded in some texts because reception and delivery depends on custom particularly in modern sales transactions. Everything that was considered reception by custom in any age is reception as long as it does not contradict any existing authentic Shariah text. Based on this, past customs are not authority on our modern as long as customs have changed because what is built on custom will be changed when custom changes.

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Nov 04, 2019

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